| 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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