Source: All England Reporter
Publisher Citation: [2011] All ER (D) 30 (Oct)
Neutral Citation: [2011] EWCA Crim 2288
Court: Court of Appeal, Criminal Division
Judge:

Stanley Burnton, Spencer J and the Recorder of Manchester (judgment delivered extempore)

Representation Shaun Routledge (assigned by the Registrar of Criminal Appeals) for the defendant.
  Neil Pallister (instructed by the Crown Prosecution Service) for the Crown.
Judgment Dates: 5 October 2011

Catchwords

Criminal Evidence - Summing up - Burglary - Defendant charged with burglary - Prosecution advancing case on basis of single burglar - Defendant contending judge summing up case on basis of joint - Whether judge erring - Whether conviction unsafe.

The Case

Criminal Evidence Summing up. The Court of Appeal, Criminal Division, held that, notwithstanding the judge's summing up of the case on a basis not put forward by the prosecution, in view of the strong evidence before the jury and the defence advanced, the conviction for burglary could not be said to be unsafe.

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