Source: All England Reporter
Publisher Citation: [2002] All ER (D) 298 (Mar)
Court: Court of Appeal, Criminal Division

Kay LJ, Pitchers J and The Recorder of Liverpool

Representation Keir Monteith (assigned by the Registrar of Criminal Appeals) for the defendant.
  Jeremy Dugdale (instructed by the Crown Prosecution Service) for the Crown.
Judgment Dates: 20 March 2002


Criminal evidence - Prosecution evidence - Issue as to admissibility - Identification evidence - Defendant refusing to take part in identification - Covert group identification - Whether identification conducted in breach of police codes of practice should be excluded - Police Code of Practice, Annex E, code D2.15.

The Case

The defendant's conviction for an offence of aggravated burglary was unsafe because the judge had failed to direct the jury on the meaning of grievous bodily harm.

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