||All England Reporter
|| All ER (D) 112 (Oct)
|| EWCA Crim 2170
||Court of Appeal, Criminal Division
Kennedy LJ, Wright and Forbes JJ
||James Pickup QC (assigned by the Registrar of Criminal Appeals) for P.
||Christopher Daw (assigned by the Registrar of Criminal Appeals) for S.
||Nicholas Clarke (instructed by the Crown Prosecution Service) for the Crown.
||9 October 2002
Criminal law - Appeal - Safety of conviction - Lurking doubt - Conflicting evidence as to whether defendant charged with causing death by dangerous driving had been driver of car - Whether lurking doubt as to safety of conviction in circumstances.
In a case in which a defendant was convicted of causing death by dangerous driving, taking the evidence as a whole (including the evidence of six eye witnesses and expert evidence), there was no lurking doubt as to the safety of the conviction on the basis that the defendant might not have been driving the car at the time of the offence.
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