Source: All England Reporter
Publisher Citation: [2007] All ER (D) 470 (Jul)
Neutral Citation: [2007] EWCA Crim 1639
Court: Court of Appeal, Criminal Division
Judge:

Hooper LJ, McCombe and Field JJ

Representation Giles Curtis-Raleigh (assigned by the Registrar of Criminal Appeals) for the defendant.
  Nicholas Syfret (instructed by the Crown Prosecution Service) for the Crown.
Judgment Dates: 29 June 2007

Catchwords

Criminal evidence - Identity - Visual identification - Possibility of mistaken identification - Inflicting grievous bodily harm - Prosecution relying on CCTV evidence and identification parade - Whether judge erring in concluding that case for defendant to answer - Whether conviction unsafe.

The Case

Criminal evidence Identity. Where the defendant had been convicted of inflicting grievous bodily harm, the conviction could not stand and had to be quashed. The evidence of identification and the other evidence adduced by the prosecution had not been sufficient to survive the half-time submissions advanced by the defendant. Moreover, it did not follow that because the defendant might have been telling a lie as to his whereabouts that he was the person who had kicked the victim. 0

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