| Source: | All England Reporter |
| Publisher Citation: | [2004] All ER (D) 177 (Jan) |
| Court: | Court of Appeal, Criminal Division |
| Judge: | Scott Baker LJ, McKinnon J and Judge Gordon |
| Representation | Rex Bryan (assigned by the Registrar of Criminal Appeals) for the defendant. |
| Daniel Fugallo (instructed by the Crown Prosecution Service) for the Crown. | |
| Judgment Dates: | 22 January 2004 |
Catchwords
Criminal evidence and procedure - Trial - Fairness - Intervention by judge - Judge intervening in course of defendant's evidence in chief - Summing up - Judge repeating direction - Safety of conviction.
The Case
In the circumstances of the instant case, neither intervention by the judge during the defendant's evidence-in-chief nor a repeated direction that the jury might find assistance in seeking to determine the defendant's intent from the victim's reaction operated with any unfairness such as to render the defendant's conviction for possession of an imitation firearm with intent to cause fear of violence unsafe.
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