Source: All England Reporter
Publisher Citation: [2010] All ER (D) 214 (Jul)
Neutral Citation: [2010] EWCA Crim 2113
Court: Court of Appeal, Criminal Division
Judge:

Laws LJ, Christopher Clarke J and the Recorder of Manchester (judgment delivered extempore)

Representation Alexander Wright (assigned by the Registrar of Criminal Appeals) for the defendant.
  Bernard Phelvin (instructed by the Treasury Solicitor) for the Attorney General.
Judgment Dates: 21 July 2010

Catchwords

Criminal evidence - Witnesses - Anonymity - Burglary - Wheel-chair bound grandmother being victim of burglary - Granddaughter purportedly identifying defendant in video identification procedure - Judge granting permission for special measures based on granddaughter's fear of being identified - Granddaughter giving evidence from behind screen - Defendant convicted - Whether conviction unsafe - .

The Case

Criminal evidence Witnesses. The Court of Appeal, Criminal Division, allowed the defendant's appeal against conviction for burglary where the identifying witness in the case had been allowed to give evidence anonymously, from behind a screen. The defendant had been significantly prejudiced by not having been able to see a clear image of his principal accuser such that the court could not be satisfied that the conviction was safe.

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