||All England Reporter
|| All ER (D) 315 (May)
||Court of Appeal, Criminal Division
Hughes LJ, Davis J and Judge Gordon
||David Emanuel (assigned by the Registrar of Criminal Appeals) for the defendant.
||Darron Whitehead (instructed by the Crown Prosecution service) for the Crown.
||22 May 2008
Criminal evidence - Witnesses - Aiding and abetting causing death by dangerous driving - Non-expert opinion evidence - Whether judge erring in admitting evidence - Whether judge's directions adequate - Whether conviction unsafe.
The defendant's appeal against conviction of aiding and abetting causing death by dangerous driving on the ground, inter alia, that the judge had erred in admitting opinion evidence from non-expert witnesses who had concluded that the defendant had been racing with another man, C, who collided with, and killed, a cyclist, would be dismissed. The evidence was the result of the way ordinary people expressed themselves and conveyed to the jury what they had seen. The jury could have been in no doubt that it was for them to conclude whether or not the defendant and C had been racing. There had been evidence upon which the jury could conclude that the defendant was guilty.
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