Source: All England Reporter
Publisher Citation: [2007] All ER (D) 94 (Jun)
Court: Court of Appeal, Criminal Division
Judge:

Sir Igor Judge P, Pitchford and Flaux JJ

Representation Andrew Hockton (assigned by the Registrar of Criminal Appeals) for the defendant.
  Ebraham Mooncey (instructed by the Crown Prosecution Service) for the Crown.
Judgment Dates: 12 June 2007

Catchwords

Criminal law - Trial - Summing up - Contradictions in witness's accounts - Indecent assault - Judge omitting to refer to inconsistencies or way in which jury could approach them - Whether conviction unsafe.

The Case

Criminal law Trial. In the instant case, where there had been numerous inconsistencies and contradictions in the account by the first complainant of indecent assault by the defendant doctor, the judge had erred in failing to address the inconsistencies in his summing up. On the evidence both that conviction and the conviction relating to a different complainant were unsafe and would be quashed.

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