Source: All England Reporter
Publisher Citation: [2013] All ER (D) 80 (Jul)
Neutral Citation: [2013] EWCA Crim 1149
Court: Court of Appeal, Criminal Division

Lord Judge LCJ, MacKay and Griffith Williams JJ

Representation Christopher Blaxland QC and David Emanuel for the defendant.
  James Price QC for the Crown.
Judgment Dates: 5 July 2013


Criminal law - Appeal - Appeal against conviction - Murder - Wounding with intent to cause grievous bodily harm - Defendant being charged with murder and wounding with intent to cause grievous bodily harm - Witness providing description of assailant over telephone to police prior to providing further statements - Statements differing in description of assailant - First statement not being available to defendant prior to identification parade and not being used by defence counsel at trial - Defendant being convicted - Defendant appealing - Whether conviction unsafe in light of evidence not available at trial.

The Case

Criminal law Appeal. The Court of Appeal, Criminal Division, dismissed a defendant's appeal against conviction for murder and wounding with intent to cause grievous bodily harm. The basis of the defendant's appeal focussed on a document, M8, made in the immediate aftermath of the offences. M8 was a record taken by the police of a telephone description given by a witness who later identified the defendant in an identification parade. M8, or the information contained in it, was not disclosed to the solicitor acting for the defendant before the identification parade. It was properly disclosed to the defence before the trial, but leading counsel decided that it should not be deployed in evidence. It was held that the non disclosure and subsequent non reliance of M8 had not rendered the convictions unsafe.

Practice Areas

If you are a LexisLibrary subscriber you can read more about this case here.