| Source: | All England Reporter |
| Publisher Citation: | [2004] All ER (D) 75 (Sep) |
| Court: | Court of Appeal, Criminal Division |
| Judge: | Scott Baker LJ, Silber and Davis JJ |
| Representation | Angus Gloag (assigned by the Registrar of Criminal Appeals) for the defendant. |
| Catherine Donnelly (instructed by the Crown Prosecution Service) for the Crown. | |
| Judgment Dates: | 13 September 2004 |
Catchwords
Criminal evidence and procedure - Evidence - Fresh evidence on appeal - Theft - Witness evidence that defendant using his vehicle as a getaway car - Evidence showing on a balance of probabilities that defendant's vehicle was in a car compound - Unsafe conviction.
The Case
The defendant's conviction for theft was unsafe because fresh evidence indicated that his car, which was implicated by the principal witness as the getaway vehicle, was impounded at the time of the offence.
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