||All England Reporter
|| All ER (D) 406 (Nov)
|| EWCA Crim 3107
||Court of Appeal, Criminal Division
Lord Phillips of Worth Matravers CJ, Rafferty and Mackay JJ
||Peter Birkett QC and Emma Edhem (assigned by the Registrar of Criminal Appeals) for the defendant.
||Robin Spencer QC and Andrew Thomas (instructed by the Crown Prosecution Service) for the Crown.
||30 November 2005
Criminal evidence - Trial - Witness - Training of prosecution witnesses - Whether failure to disclose fact of training until day of trial rendering conviction unsafe.
In the instant case, where the defendant was convicted of two counts of attempted murder arising from her administering diamorphine to elderly patients, the judge had been correct in his assessment that the prosecution had established a case to answer. It was necessary in a case such as the instant case, to stand back and form a view as to the overall picture. Moreover, the failure of the prosecution to disclose the fact that prosecution witnesses had taken part in a witness training course (the conduct of which had given rise to no complaint) until the day of trial did not undermine the safety of the conviction.
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