||All England Reporter
|| All ER (D) 27 (Jan)
||Court of Appeal, Criminal Division
Moore-Bick LJ, Dobbs J and Judge Findlay Baker QC
||David Waters QC (assigned by the Registrar of Criminal Appeals) for the defendant.
||Janice Brennan (instructed by the Crown Prosecution Service) for the Crown.
||12 January 2006
Criminal evidence - Admissions and confessions - Answers and statements to police - Statement made by co-accused - Co-accused withdrawing statement at first trial - First trial abandoned - Co-accused not giving evidence at second trial but statement produced at court - Judge giving direction statement not evidence against defendant - Whether prejudice caused to defendant.
The defendant's conviction for dishonestly retaining a wrongful credit could not be regarded as unsafe in circumstances where a statement made by a co-accused to the police that the defendant had given her a cheque (against which the alleged wrongful credit had been drawn) was before the court, but not the fact that the co-accused had withdrawn that allegation at a first trial which had been abandoned. The judge at the second trial had given a clear and firm direction to the jury to disregard everything which the co-accused had said about the defendant in the statement, and there was no reason for thinking that the jury had been unable to comply with that direction.
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