Source: All England Reporter
Publisher Citation: [2004] All ER (D) 535 (Mar)
Court: Court of Appeal, Criminal Division
Judge:

Keene LJ, Fulford J and Judge Zucker QC

Representation Dominic D'Souza (assigned by the Registrar of Criminal Appeals) for the defendant.
  Thomas Nicholson Pratt (instructed by the Crown Prosecution Service) for the Crown.
Judgment Dates: 29 March 2004

Catchwords

Criminal evidence and procedure - Trial - Submission of no case to answer - Judge leaving case to jury - Correctness of decision.

The Case

In the circumstances of the instant case, there had, on the evidence at the close of the Crown's case, been ample circumstantial evidence upon which the jury might have been sure of the defendant's guilt. Therefore, the recorder had not erred in refusing a submission of no case to answer. Further, there was no doubt as to the safety of the defendant's conviction.

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