Source: All England Reporter
Publisher Citation: [2005] All ER (D) 71 (Jun)
Court: Court of Appeal, Criminal Division
Judge:

Laws LJ, Holland J and Dame Heather Steel
Representation David Lyons (assigned by the Registrar of Criminal Appeals) for the defendant.
  Scott Stemp (instructed by the Crown Prosecution Service) for the Crown.
Judgment Dates: 10 June 2005

Catchwords

Criminal evidence and procedure - Trial - Direction to jury - Judge not directing jury as to meaning of elements of offence of theft - Judge not directing jury as to possibility of defence not arising from defendant's evidence - Adequacy of directions.

The Case

In a case where, against a background of late banking of sums received at the shop at which the defendant was employed, it had been unnecessary for the judge to direct the jury as to the meaning of dishonesty, appropriation and intention to deprive permanently at the defendant's trial for theft in respect of sums which had not been banked at all. Further, it had been unnecessary to direct the jury as the possibility of a defence not arising on the defendant's evidence.

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