Source: All England Reporter
Publisher Citation: [2004] All ER (D) 133 (Aug)
Court: Court of Appeal, Criminal Division
Judge:

May LJ, Eady and Hughes JJ
Representation Matthew McNiff (assigned by the Registrar of Criminal Appeals) for the defendant.
  David Holborn (instructed by the Crown Prosecution Service) for the Crown.
Judgment Dates: 25 August 2004

Catchwords

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 Case

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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