Where a court had wrongly rejected a submission of no case to answer, a subsequent admission of guilt by the defendant under cross-examination, was not sufficient to deny an appeal. Such an appeal is judged as at the time the submission is made. The conviction would still be unsafe because the defendant was entitled to be acquitted at the close of the prosecution case.
Judges:
Mantell LJ, Blofield, Fabyan Evans JJ
Citations:
Gazette 09-Jun-1999, Times 31-May-1999, [1999] EWCA Crim 1525, [2000] 1 All ER 263, [1999] 2 Cr App R 238
Jurisdiction:
England and Wales
Cited by:
Cited – Adams, Regina (on The Application of) v Secretary of State for Justice SC 11-May-2011
The three claimants had each been convicted of murders and served time. Their convictions had been reversed eventually, and they now appealed against the refusal of compensation for imprisonment, saying that there had been a miscarriage of justice. . .
Lists of cited by and citing cases may be incomplete.
Criminal Practice
Updated: 25 October 2022; Ref: scu.88048