Source: All England Reporter
Publisher Citation: [2003] All ER (D) 260 (Feb)
Neutral Citation: [2002] EWCA Crim 2693
Court: Court of Appeal, Criminal Division

Longmore LJ, Holland J and Judge Findlay baker QC

Representation Alan Wolstenholme (assigned by the Registrar of Criminal Appeals) for the first defendant.
  Mohamed Khan (assigned by the Registrar of Criminal Appeals) for the second defendant.
  Nicholas Campbell QC (assigned by the Registrar of Criminal Appeals) for the third defendant.
  Christopher Batty (instructed by the Crown Prosecution Service) for the Crown.
Judgment Dates: 8 November 2002


Criminal evidence and procedure - Trial - Summing up - Direction to jury - Adequacy of warning to jury to take care with evidence given by accomplice - Safety of conviction.

The Case

When an accomplice gave evidence for the Crown it would be necessary to give a specific warning about the care with which the jury should approach his evidence. In the instant case, however, despite the judge's limited misdirection as to the evidence of accomplice for the Crown and the evidence of co-defendants, the evidence implicating the defendants in the conspiracy to kidnap had been overwhelming and the defendants' convictions had been entirely safe.

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