The defendants appealed against their convictions for murder, saying that the judge had misdirected the jury as to the value of previous exculpatory statements. The principal evidence against them were statement from two witnesses, one himself convicted of murder, and each of whom had made inconsistent prior statements exculpatory of the defendants.
Held: The judge’s direction had followed the 2003 Act and the Judicial Studies Board specimen direction for one but not both defendants. However it was clear that the jury had believed the truth of the later statements, and the appeals failed.
Lord Justice Stanley Burnton, Mr Justice Bennett and Judge Stephens, QC
[2009] Crim LR 529, [2009] EWCA Crim 19
Bailii, Times
Criminal Justice Act 2003 119
England and Wales
Criminal Practice
Updated: 31 December 2021; Ref: scu.311772