Practice and Procedure

R V (1) BENJAMIN O'LEARY (2) MARK LLOYD-EVANS (2002)

PUBLISHED July 25, 2002
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[2002] EWCA Crim 2055

Where two appellants had been part of a group identification but three co-defendants had been additionally identified in street identifications then it was paradoxical that those three co-defendants were afforded the benefit of Turnbull and Forbes directions while the appellants were not. As the appellants had not received the protection of those directions, their convictions were not safe.

CA (Crim Div) (Rix LJ, Roderick Evans J, Judge Crowther QC)

25/07/2002

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