Source: All England Reporter
Publisher Citation: [2002] All ER (D) 153 (Jul)
Neutral Citation: [2002] EWCA Crim 1736
Court: Court of Appeal, Criminal Division

Kay LJ, Holland and Andrew Smith JJ

Representation Philip Sapsford QC and Peter Woodall (assigned by the Registrar of Criminal Appeals) for the defendant.
  Anthony Gee (instructed by the Crown Prosecution Service) for the Crown.
Judgment Dates: 10 July 2002


Criminal evidence - Character of accused - Cross-examination by co-accused - Accused and co-accused jointly charged with murder - Co-accused conducting defence in way tending to incriminate accused - Judge refusing to allow accused to cross-examine co-accused about incident of violence - Whether judge having erred - Criminal Evidence Act 1868, s 1(f)(iii).

The Case

A conviction for murder was upheld notwithstanding that a trial judge had erred in disallowing the cross-examination of a co-defendant as to credit after that co-defendant had incriminated the defendant in his evidence in chief because the defendant had had, in any event, sufficient mens rea for murder.

Practice Areas

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