||All England Reporter
|| All ER (D) 350 (Nov)
||Court of Appeal, Criminal Division
Rose LJ, Gibbs and Davis JJ
||Matthew Farmer (assigned by the Registrar of Criminal Appeals) for the defendant.
||Francis Chamberlain (instructed by the Crown Prosecution Service) for the Crown.
||25 November 2002
Criminal evidence and procedure - Appeal - Grounds - Unsafe conviction - Judge rejecting submission of no case to answer at close of prosecution case.
In a case in which the defendant had been charged with rape, a judge had erred in rejecting a submission of no case to answer at the close of the prosecution case because there had, in fact, been no evidence upon which the jury could have properly been sure that penetration had occurred.
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