Source: All England Reporter
Publisher Citation: [2002] All ER (D) 171 (Nov)
Court: Court of Appeal, Criminal Division

Laws LJ, Curtis J and The Recorder of Middlesborough

Representation Reuben Solomon (assigned by the Registrar of Criminal Appeals) for the defendant.
  Benedict Kelleher (instructed by the Crown Prosecution Service) for the Crown.
Judgment Dates: 12 November 2002


Criminal evidence and procedure - Trial - Judge's power to direct acquittal - Judge exercising that power for co-defendant but not defendant - Fairness - Discretion of judge to continue trial.

The Case

The defendant's conviction for offences of robbery and attempted robbery were safe because the judge had not erred in failing to stay the proceedings or discharge the jury in the circumstances where he had directed the jury to acquit the co-defendant.

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