|Source:||All England Reporter|
|Publisher Citation:|| All ER (D) 82 (Nov)|
|Court:||Court of Appeal, Criminal Division|
Rose LJ, Nelson and Elias JJ
|Representation||Steven Kay QC and Stephen Walters, solicitor advocate (assigned by the Registrar of Criminal Appeals) for the defendant.|
|Richard Horwell and Edward Brown (instructed by the Crown Prosecution Service) for the Crown.|
|Judgment Dates:||7 November 2005|
Criminal evidence - Admissions and confessions - Silence of accused - Comment made by co-accused in course of telephone call made in presence of defendant - Defendant not denying content of comment - Whether evidence capable of amounting to evidence against defendant - Whether judge entitled to admit evidence - Whether conviction unsafe.