Source: All England Reporter
Publisher Citation: [2002] All ER (D) 478 (Nov)
Neutral Citation: [2002] EWCA Crim 2755
Court: Court of Appeal, Criminal Division

Latham LJ, Curtis J and Judge Fox QC

Representation Adam Davis (assigned by the Registrar of Criminal Appeals) for the defendant.
  Ian Winter (instructed by the Crown Prosecution Service) for the Crown.
Judgment Dates: 14 November 2002


Criminal evidence and procedure - Evidence - Disclosure - Judge's admission of evidence at instance of prosecution - Trial - Jury - Jury passing note to judge before delivering verdict - Safety of conviction.

The Case

In the instant case, the judge was plainly right to conclude that the evidence adduced by the prosecution on the first day of the trial should be admitted, as it was more probative than prejudicial. Moreover, a note passed by the jury to the judge before their verdict was delivered had not indicated that the jury was in any way biased. The defendant's conviction was not, therefore, unsafe.

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