||All England Reporter
|| All ER (D) 511 (Oct)
|| EWCA Crim 2626
||Court of Appeal, Criminal Division
Rose LJ, Hughes and Royce JJ
||Richard Blake (assigned by the Registrar of Criminal Appeals) for ASL and Y.
||Thomas Buxton (assigned by the Registrar of Criminal Appeals) for ASH.
||Robert Spencer Bernard (instructed by the Crown Prosecution Service) for the Crown.
||31 October 2002
Criminal evidence and procedure - Trial - Summing-up - Direction to jury - Judge failing to give specific alibi direction.
The failure to give an alibi direction was not necessarily fatal to the safety of a conviction. The authorities indicated that the requirement of an alibi direction was to prevent the jury from convicting merely because they thought that the defendant had been lying. In the instant case, the jury could not possibly have been misled in relation to the way in which they ought to have approached the question of alibi because the judge had given impeccable directions in relation to the burden of proof and on how the jury should treat lies told by the defendants.
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