||All England Reporter
|| All ER (D) 104 (Dec)
|| EWCA Crim 3063
||Court of Appeal, Criminal Division
Scott Baker LJ, Penry-Davey J and Judge Loraine-Smith
||Joel Bennathan QC (assigned by the Registrar of Criminal Appeals) for the defendant.
||Christopher Badger (instructed by the Crown Prosecution Service) for the Crown.
||7 December 2006
Criminal law - Trial - Direction to jury - Identification - Weak identification evidence - Supporting evidence - Whether judge obliged to direct jury not to convict on basis of identification evidence alone - Whether conviction unsafe.
Where a judge had decided that the identification evidence in a case was of such poor quality that he would not have left the case to the jury in the absence of supporting evidence, there was no requirement as a matter of principle that the jury should be directed that they should not convict on the basis of the evidence of identification alone in the absence of the supporting evidence.
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