| Source: | All England Reporter |
| Publisher Citation: | [2009] All ER (D) 188 (Apr) |
| Neutral Citation: | [2009] EWCA Crim 1233 |
| Court: | Court of Appeal, Criminal Division |
| Judge: | Moses LJ, Openshaw J and the Recorder of Swansea (judgment delivered extempore) |
| Representation | Gareth Morley (assigned by the Registrar of Criminal Appeals) for the defendant. |
| James Murray-Smith (instructed by the Crown Prosecution Service) for the Crown. | |
| Judgment Dates: | 27 April 2009 |
Catchwords
Criminal law - Trial - Summing up - Judge drawing jury's attention to material not mentioned during trial and not in evidence - Material tending to undermine defence case - Jury convicting defendant by majority - Whether conviction unsafe.
The Case
Criminal law Trial. Court of Appeal, Criminal Division: The defendant's conviction for unlawful wounding was quashed where the jury's verdict was rendered unsafe by reason of the judge's having raised for the first time in his summing up a piece of prosecution evidence which tended to undermine the defence case.
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