Source: All England Reporter
Publisher Citation: [2009] All ER (D) 143 (Mar)
Court: Court of Appeal, Criminal Division
Judge:

Sir Anthony May P, Rafferty and Swift JJ (judgment delivered extempore)

Representation Veronica Ramsden (assigned by the Registrar of Criminal Appeals) for the first defendant.
  Iain Cassie (assigned by the Registrar of Criminal Appeals) for the second defendant.
  Christiaan Moll (instructed by the Crown Prosecution Service) for the Crown.
Judgment Dates: 13 March 2009

Catchwords

Criminal evidence - Witness - Recalling of witness - Robbery - Assault occasioning actual bodily harm - Following conclusion of victim's evidence police report produced - Judge refusing to recall victim - Defendants convicted - Whether judge erring in failing to recall victim.

The Case

Criminal evidence Witness. Court of Appeal, Criminal Division: Where the defendants had been convicted of robbery and assault occasioning actual bodily harm, the refusal of the judge to recall the victim, in order to deal with matters disclosed after he had concluded his evidence, had not rendered their convictions unsafe.

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