| Source: | All England Reporter |
| Publisher Citation: | [2008] All ER (D) 215 (Dec) |
| Neutral Citation: | [2008] EWCA Crim 3063 |
| Court: | Court of Appeal, Criminal Division |
| Judge: | Moses LJ, Burnett J and Judge Morris QC |
| Representation | Azza Brown (assigned by the Registrar of Criminal Appeals) for the defendant. |
| Michael Worsley (instructed by the Crown Prosecution Service) for the Crown. | |
| Judgment Dates: | 19 December 2008 |
Catchwords
Criminal evidence - Prosecution evidence - Disclosure of information to defence - Accomplice implicating defendant in robbery - Defendant denying involvement - Defendant asserting accomplice implicating him as revenge for defendant giving information to police about accomplice's drug-dealing activities - Police denying defendant providing such information - Defendant convicted - Defendant appealing - Evidence regarding accomplice's motive to lie and defendant's alibi not disclosed at trial - DNA tests conducted on bloodstained shirt believed to belong to defendant found after robbery - DNA tests showing blood not defendant's - Evidence of DNA tests not disclosed at trial - Whether conviction unsafe in light of non-disclosure.
The Case
Criminal evidence Prosecution evidence. Court of Appeal, Criminal Division: A defendant's conviction for robbery where the main evidence against him came from an accomplice was quashed where, inter alia, information which had not been disclosed at the time would have been likely to have provided powerful support for the suggestion that an accomplice had his own reasons for giving false evidence against the defendant.
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