The defendant, with learning difficulties had been subject to a cross examination described as akin to a closing speech. He appealed from conviction, saying that the court had given insufficient consideration to his disability, making the conviction unfair.
Held: The appeal succeeded. The impression created by the defendant was crucial to his defence, and the disabilities left him vulnerable as shown after the admission of fresh medical evidence which made it clear that he would have had difficulty dealing with leading questions asked in cross-examination, which may have left the jury with a false impression.
Simon LJ, Carr J, Judge Picton
[2018] EWCA Crim 2816, [2019] WLR(D) 16
Bailii, WLRD
Criminal Appeal Act 1968 23
England and Wales
Criminal Evidence, Criminal Practice
Updated: 10 January 2022; Ref: scu.633139