Source: All England Reporter
Publisher Citation: [2005] All ER (D) 307 (Nov)
Neutral Citation: [2005] EWCA Crim 2996
Court: Court of Appeal, Criminal Division
Judge:

Longmore LJ, David Steel J and the Recorder of Winchester

Representation Piers Mostyn (assigned by the Registrar of Criminal Appeals) for the defendant.
  Peter Herrity (instructed by the Crown Prosecution Service) for the Crown.
Judgment Dates: 23 November 2005

Catchwords

Criminal law - Escape from lawful custody - Ingredients of offence - Defendant being taken to hospital from police station - Defendant leaving hospital - Whether judge's summing up adequate.

The Case

In a case involving escape from lawful custody, the prosecution had had to prove: that the defendant had been in custody; that he had known that he was in custody (or at least was reckless as to whether he was or not); that the custody was lawful; and that he had intentionally escaped from that lawful custody. In the instant case a careful direction on the law and a consequential careful identification of the relevant issues had been called for. The summing up, taken in its constituent parts and as a whole, did not match up to those requirements. The defendant's conviction for escape was unsafe.

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