Source: All England Reporter
Publisher Citation: [2007] All ER (D) 110 (Jan)
Neutral Citation: [2006] EWCA Crim 2355
Court: Court of Appeal, Criminal Division

Moses LJ, Leveson J and Judge Warwick Mckinnon

Representation Allan Goh (assigned by the Registrar of Criminal Appeals) for the defendant.
  Graham Brown (instructed by the Crown Prosecution Service) for the Crown.
Judgment Dates: 19 September 2006


Criminal law - Trial - Judge - Intervention during defendant's evidence - Comment on credibility of defendant's account in summing-up - Whether convictions rendered unsafe.

The Case

The defendant's convictions for various offences arising out of the fraudulent obtaining of bank card and credit card details and the fraudulent transfer of money were not unsafe, where the defendant had claimed that he had stored the details on his computer for an 'acquaintance' whom he only named half-an-hour into his examination-in-chief; where the judge had intervened to comment on that fact; and where the judge had, in the course of his summing-up, commented on the credibility of the defendant's account of his dealings with the acquaintance. The judge's comments could not be considered to have in any way unfairly influenced the jury.

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