||All England Reporter
|| All ER (D) 133 (Aug)
||Court of Appeal, Criminal Division
May LJ, Eady and Hughes JJ
||Matthew McNiff (assigned by the Registrar of Criminal Appeals) for the defendant.
||David Holborn (instructed by the Crown Prosecution Service) for the Crown.
||25 August 2004
Criminal evidence and procedure - Evidence - Admissibility - DNA profiles - Judge permitting prosecution to adduce evidence to prove continuity of DNA evidence at late stage - Evidence adduced in written statement - Judge refusing defence and prosecution applications to discharge jury - Safety of conviction.
The defendant's conviction for burglary and indecent assault on a female was safe because judge had acted within his discretion in his decision to permit the prosecution to serve a notice of additional evidence to prove continuity of the treatment of DNA evidence at a late stage, permitting the witness evidence to be adduced a written statement, pursuant to s23 of the and refusing to discharge the jury.
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