Source: All England Reporter
Publisher Citation: [2002] All ER (D) 35 (Oct)
Court: Court of Appeal, Criminal Division

Rose LJ, Pitchers and Treacy JJ

Representation Ben Emmerson QC (assigned by the Registrar of Criminal Appeals) for the defendant.
  Hugh Griffiths (instructed by the Crown Prosecution Service) for the Crown.
Judgment Dates: 3 October 2002


Criminal law - Trial - Judge - Judge admitting intercepted letter written by defendant containing inculpatory material - Whether authorship of letter proved - Whether judge having erring in exercising his discretion to admit letter - s 78.

The Case

A recorder had, in the exercise of his discretion, been entitled to admit a letter written by a defendant, and intercepted by the prison service when he was on remand, indicating that he was involved in a robbery which was recorded on CCTV because there was no evidence to suggest that the defendant had not been the author of the letter. Fresh evidence that an expert witness had been discredited in other cases had not affected the safety of the conviction.

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