CRIMINAL DIVISION
Strand London, WC2A 2LL |
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B e f o r e :
MR JUSTICE TURNER
MRS JUSTICE ELISABETH LAING DBE
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REFERENCE BY THE CRIMINAL CASES REVIEW COMMISSION UNDER |
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SECTION 9 OF THE CRIMINAL APPEAL ACT 1995 |
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Mr P Grieves-Smith appeared on behalf of the Crown<
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"But what is very important, and you must understand it, is that when it comes to the evidence you have to analyse it with care. It is only if you are satisfied that the explanation that you have been given as to how the defendants came to be in possession of the car was untrue that you could then take that into account against them, as support for the prosecution's case."
The judge then went on to list the various matters arising from the defence case which the jury would be required to consider, he making it clear therefore that rejection of any of the those aspects were matters to be taken into account as lending support to the prosecution case. Again that is wholly inconsistent with the judge inviting the jury to think that rejection of any such matters would either wholly or mainly be conclusive as to guilt. Overall there is nothing in this particular point.