Source: All England Reporter
Publisher Citation: [2005] All ER (D) 82 (Nov)
Court: Court of Appeal, Criminal Division
Judge:

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

Catchwords

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.

The Case

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