| Source: | All England Reporter |
| Publisher Citation: | [2006] All ER (D) 148 (Oct) |
| Court: | Court of Appeal, Criminal Division |
| Judge: | Smith LJ, Owen J and Judge Chapman |
| Representation | Michael Turner QC and P Clarke (assigned by the Registrar of Criminal Appeals) for the defendant. |
| Paul Watson QC (assigned by the Registrar of Criminal Appeals) for the second defendant. | |
| John Ryder (assigned by the Registrar of Criminal Appeals) for the third defendant. | |
| Hugh Davies (instructed by the Crown Prosecution Service) for the Crown. | |
| Judgment Dates: | 12 October 2006 |
Catchwords
Criminal evidence - Trial - Witness - Witness giving conflicting evidence - Prosecution relying on part of evidence - Judge rejecting no case submission - Whether conviction unsafe.
The Case
In a case where a defendant and co-defendants were part of a joint enterprise to beat up and kill the deceased following an altercation outside of the nightclub, there was enough evidence to establish a prima facie case against them and the judge had been entitled to reject submissions of no case to answer. The convictions were not unsafe.
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