[2008] EWCA Crim 240

The court reiterated the importance of the principles set out in R. v Underwood (Kevin John) [2004] EWCA Crim 2256, [2005] 1 Cr. App. R. 13 applicable when there was clear conflict between the defendant's account and that of the Crown, and the Crown lacked the evidence positively to dispute the defendant's account.

CA (Crim Div) (Thomas LJ, Davis J, David Clarke J)


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