Source: All England Reporter
Publisher Citation: [2002] All ER (D) 43 (Feb)
Neutral Citation: [2002] UKPC 3
Court: Privy Council
Judge:

Lord Slynn of Hadley, Lord Mustill, Lord Scott of Foscote, Sir Andrew Leggatt and Sir Philip Otton

Judgment Dates: 31 January 2002

Catchwords

Bahamas - Criminal evidence - Identity - Visual identification - Complainant giving police description shortly after commission of crime - Identification parade being held in which defendant played no part - Defendant unrepresented at trial - Neither description nor fact identification parade having being held disclosed by prosecution - Defendant being convicted - Whether conviction unsafe.

The Case

On the facts of the instant case, a failure by the prosecution to disclose details of the complainant's initial description of the defendant and the result of an initial identification parade in which the defendant had played no part amounted to a material irregularity, and accordingly the defendant's convictions would be quashed.

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