Source: All England Reporter
Publisher Citation: [2004] All ER (D) 454 (May)
Neutral Citation: [2004] EWCA Crim 1344
Court: Court of Appeal, Criminal Division

Rose LJ, Andrew Smith and Fulford JJ

Representation Gerard Forlin and Matthew Lawson (assigned by the Registrar of Criminal Appeals) for L.
  Giles Cockings (instructed by Associate & Co, Slough) for J.
  Andrew Turton (instructed by The Castle Partnership, Guildford) for B (aka R).
  Jonathan Davies (appeared pro bono) for K.
  Philip Katz QC and Mohammed Khamisa (appeared pro bono) for RS.
  Simon Russell-Flint QC and Heather Norton (instructed by the Crown Prosecution Service) for the Crown.
  James Guthrie QC (instructed by Chadwyck-Healey & Co) for D.
  Peter Griffiths QC (instructed by Chadwyck-Healey & Co) for H.
  Simon Russell-Flint QC and Christine Laing (instructed by the Crown Prosecution Service) for the Crown.
Judgment Dates: 28 May 2004


Criminal evidence and procedure - Evidence - Expert evidence - Lip reading expert examining video evidence - Admissibility - Appropriate test - Directions to jury - Circumstances that special warning required.

The Case

Evidence of a lip reading from video evidence was admissible where the witness was qualified to give an opinion and the subject matter was beyond the layperson's knowledge; however, it was appropriate for a judge to give a special warning in directions to the jury on the limitations of the evidence, and the risk of error, tailored to the circumstances of the offence.

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