Source: All England Reporter
Publisher Citation: [2006] All ER (D) 27 (Jan)
Court: Court of Appeal, Criminal Division

Moore-Bick LJ, Dobbs J and Judge Findlay Baker QC

Representation David Waters QC (assigned by the Registrar of Criminal Appeals) for the defendant.
  Janice Brennan (instructed by the Crown Prosecution Service) for the Crown.
Judgment Dates: 12 January 2006


Criminal evidence - Admissions and confessions - Answers and statements to police - Statement made by co-accused - Co-accused withdrawing statement at first trial - First trial abandoned - Co-accused not giving evidence at second trial but statement produced at court - Judge giving direction statement not evidence against defendant - Whether prejudice caused to defendant.

The Case

The defendant's conviction for dishonestly retaining a wrongful credit could not be regarded as unsafe in circumstances where a statement made by a co-accused to the police that the defendant had given her a cheque (against which the alleged wrongful credit had been drawn) was before the court, but not the fact that the co-accused had withdrawn that allegation at a first trial which had been abandoned. The judge at the second trial had given a clear and firm direction to the jury to disregard everything which the co-accused had said about the defendant in the statement, and there was no reason for thinking that the jury had been unable to comply with that direction.

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