| Source: | All England Reporter |
| Publisher Citation: | [2005] All ER (D) 430 (Apr) |
| Court: | Court of Appeal, Criminal Division |
| Judge: | Keene, Treacy and Wilkie LJJ |
| Representation | Robin Sellers (assigned by the Registrar of Criminal Appeals) for the defendant. |
| Neena Crinnion (instructed by the Crown Prosecution Service) for the Crown. | |
| Judgment Dates: | 29 April 2005 |
Catchwords
Criminal evidence and procedure - Evidence - Admissibility - Possession of deactivated firearm - Prejudicial effect.
The Case
Where a defendant had been convicted of attempted robbery and possession of a firearm, the judge had been correct to allow the prosecution to adduce evidence of a deactivated firearm that had been in the defendant's possession. The prosecution had adduced the evidence to show that the defendant had lied about his involvement with guns, and the jury had been directed that possession of the gun was not a crime, and that it had not been used in the attempted robbery.
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