||All England Reporter
|| All ER (D) 307 (Nov)
|| EWCA Crim 2996
||Court of Appeal, Criminal Division
Longmore LJ, David Steel J and the Recorder of Winchester
||Piers Mostyn (assigned by the Registrar of Criminal Appeals) for the defendant.
||Peter Herrity (instructed by the Crown Prosecution Service) for the Crown.
||23 November 2005
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.
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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