Source: All England Reporter
Publisher Citation: [2005] All ER (D) 281 (Nov)
Court: Court of Appeal, Criminal Division
Judge:

Hallett LJ, Hodge J and the Recorder of Chester

Representation Ben Compton (instructed by Morgan Cole) for the defendant.
  David Bright (instructed by the Crown Prosecution Service) for the Crown.
Judgment Dates: 22 November 2005

Catchwords

Criminal evidence - Trial - Witness - Obtaining a money transfer by deception - Making a false representation to procure a cremation - Evidence called by witness in rebuttal of defendant's assertion - Evidence going to credibility of defendant - Witness subsequently admitting perjury in relation to evidence - Whether convictions unsafe.

The Case

In the instant case, evidence in rebuttal (relating to the defendant's credibility) from a prosecution witness who subsequently admitted perjury in relation to his evidence affected the safety of the conviction for obtaining a money transfer by deception as it had gone to the central issue of honesty. However, the issues were different in relation to two counts of making a false representation to procure a cremation, and the convictions were not affected by the witness's evidence.

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