Source: All England Reporter
Publisher Citation: [2005] All ER (D) 508 (Jul)
Neutral Citation: [2005] EWCA Crim 2100
Court: Court of Appeal, Criminal Division
Judge:

Longmore LJ, Dobbs J and Judge Rogers QC
Representation Angus Gloag (assigned by the Registrar of Criminal Appeals) for the defendant.
  Jonathan Kirk (instructed by the Crown Prosecution Service) for the Crown.
Judgment Dates: 19 July 2005

Catchwords

Criminal law - Trial - No case to answer - Robbery on train - Complainant identifying defendant on station platform, shortly after incident - Discrepancies in identification evidence - Whether judge erring in rejecting submission of no case to answer.

The Case

It would have been quite wrong for the judge to have acceded to a submission of no case to answer, on the basis of discrepancies in the identification evidence, where the complainant had been robbed in a train and had identified the defendant as one of the robbers on the platform of the railway station. Although there had been discrepancies in the identification evidence, the complainant had identified the defendant very soon after the incident. Moreover, the jury's decision to convict the defendant of robbery, on the basis of the totality of the evidence and the judge's directions, could not be criticised.

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