Source: All England Reporter
Publisher Citation: [2003] All ER (D) 207 (Feb)
Neutral Citation: [2003] EWCA Crim 236
Court: Court of Appeal, Criminal Division

Potter LJ, Mackay J and Judge Mellor

Representation Ian Wade (assigned by the Registrar of Criminal Appeals) for the defendant.
  Stuart Trimmer (instructed by the Crown Prosecution Service) for the Crown.
Judgment Dates: 14 February 2003


Criminal evidence and procedure - Trial - Summing-up - Direction to jury.

The Case

Whilst the similar facts rule as explained in DDP v P (1991) 93 Cr App R 267 and subsequent decisions remained a rule of law as to admissibility rather than a matter of discretion, it was sufficiently contextual in nature as to offer judges a greater degree of latitude in assessing whether a combination of features, not striking in themselves, amounted to a sufficient connection for the purposes of the rule.

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