Source: All England Reporter
Publisher Citation: [2004] All ER (D) 454 (May)
Neutral Citation: [2004] EWCA Crim 1344
Court: Court of Appeal, Criminal Division
Judge:

Rose LJ, Andrew Smith and Fulford JJ

Representation Gerard Forlin and Matthew Lawson (assigned by the Registrar of Criminal Appeals) for L.
  Giles Cockings (instructed by Associate & Co, Slough) for J.
  Andrew Turton (instructed by The Castle Partnership, Guildford) for B (aka R).
  Jonathan Davies (appeared pro bono) for K.
  Philip Katz QC and Mohammed Khamisa (appeared pro bono) for RS.
  Simon Russell-Flint QC and Heather Norton (instructed by the Crown Prosecution Service) for the Crown.
  James Guthrie QC (instructed by Chadwyck-Healey & Co) for D.
  Peter Griffiths QC (instructed by Chadwyck-Healey & Co) for H.
  Simon Russell-Flint QC and Christine Laing (instructed by the Crown Prosecution Service) for the Crown.
Judgment Dates: 28 May 2004

Catchwords

Criminal evidence and procedure - Evidence - Expert evidence - Lip reading expert examining video evidence - Admissibility - Appropriate test - Directions to jury - Circumstances that special warning required.

The Case

Evidence of a lip reading from video evidence was admissible where the witness was qualified to give an opinion and the subject matter was beyond the layperson's knowledge; however, it was appropriate for a judge to give a special warning in directions to the jury on the limitations of the evidence, and the risk of error, tailored to the circumstances of the offence.

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