||All England Reporter
|| All ER (D) 28 (Mar)
||Court of Appeal
Thomas LJ, Walker J and Sir Richard Curtis
||Nicholas Wayne (assigned by the Registrar of Criminal Appeals) for the defendant.
||Andrew Shaw (instructed by the Crown Prosecution Service) for the Crown.
||2 March 2006
Criminal evidence - Character of prosecution witness - Allegation as to bad character - Robbery - Judge excluding defendant's evidence that complainant taken drugs and offered to supply drugs before alleged robbery - Whether bad character evidence - Whether conviction unsafe - , s 98.
The defendant's evidence that the complainant had told him he had taken drugs, and had offered to supply drugs, was not bad character evidence, in the context of a trial for robbery, and the judge had erred in excluding it. The evidence he had wished to give had been related to the very circumstances in which the offence had allegedly occurred. The conviction was not, however, unsafe, as there had been overwhelming evidence against the defendant.
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