[2008] EWCA Crim 586

Where two defendants had been charged with counts of murder and causing or allowing the death of a 16-month-old child contrary to the Domestic Violence, Crime and Victims Act 2004 s.5, it was not unfair or an abuse of process for the Crown, in anticipation of a submission of no case to answer, to withdraw the allegation of murder against one of the defendants, but not the other, after the conclusion of the evidence. It was highly unlikely that in a case to which s.6(4) of the Act applied that a defendant would be recalled in order to give evidence of a contradictory defence.

CA (Crim Div) (Sir Igor Judge (President QB), Gross J, Blair J)

19/03/2008