||All England Reporter
|| All ER (D) 298 (May)
|| EWCA Crim 1112
||Court of Appeal, Criminal Division
Gage LJ, Forbes and Macduff JJ
||Andrew Mitchell QC and James Harris (instructed by Middleweeks Solicitors) for the defendant.
||Alan Conrad QC and Suzanne Goddard QC (instructed by the Crown Prosecution Service) for the Crown.
||22 May 2008
Criminal evidence - Trial - Conspiracy to supply a Class A drug - Conspiracy to conceal or transfer the proceeds of drug trafficking - Jury - Retirement - Jury being provided with inaccurate schedule of phone calls by and to conspirators - Jury requesting clarification - Judge allowing disclosure of additional information after retirement of jury - Whether conviction unsafe.
The defendant's appeal against conviction of conspiracy to supply a Class A drug and conspiracy to conceal or transfer the proceeds of drug trafficking, on the ground, inter alia, that the judge had erred in permitting to go before the jury, after it had retired, additional evidence in relation to telephone calls made in connection with the conspiracies, would be dismissed. The principle that no further evidence should be given after the judge's summing-up had been concluded and after the jury had retired, had been subject to some relaxation. In the instant case, there was no reason in principle why the judge should not have agreed to allow the additional evidence to be put before it. No positive case of prejudice had been identified by the defendant in respect of the additional material. Accordingly, the verdict was safe.
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