Source: All England Reporter
Publisher Citation: [2002] All ER (D) 184 (Sep)
Neutral Citation: [2002] EWCA Crim 2143
Court: Court of Appeal, Criminal Division
Judge:

Latham LJ, Hunt and Davis JJ

Representation Sarah Ellis (assigned by the Registrar of Criminal Appeals) for the defendant.
  Tayo Adebayo (instructed by the Crown Prosecution Service) for the Crown.
Judgment Dates: 13 September 2002

Catchwords

Criminal law - Trial - Stay of proceedings - Being knowingly concerned in the fraudulent evasion of the prohibition on the importation of a controlled drug - Defendant claiming to have acted under duress from individual involved in criminal activities - Defendant applying for stay of proceedings in order to make fuller enquiries into individual - Judge declining to stay proceedings - Whether conviction safe.

The Case

Where the defendant had been convicted of being knowingly concerned in the fraudulent evasion of the prohibition on the importation of a controlled drug, despite his assertion that he had acted under duress, having been approached by another individual who had a reputation as a man of violence with significant involvement in criminal activities, the information disclosed to the defendant by the prosecution had enabled him fully and properly to support his assertion as to the other individual's reputation and his conviction had not been unsafe.

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