Source: All England Reporter
Publisher Citation: [2004] All ER (D) 95 (May)
Court: Court of Appeal, Criminal Division
Judge:

Pill LJ, Keith J and Sir Charles Mantell

Representation Christopher Wilson-Smith QC (assigned by the Registrar of Criminal Appeals) for the defendant.
  Paul Garlick QC and Mark Horton (instructed by the Crown Prosecution Service) for the Crown.
Judgment Dates: 7 May 2004

Catchwords

Criminal evidence and procedure - Trial - Jury - Jury note requesting photograph mentioned in evidence but not official exhibit - Judge wrongly permitting jury to see photograph - Prejudice to trial.

The Case

The defendant's conviction for murder was safe despite the jury having wrongly been given a photograph which was not an exhibit.

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