[2004] EWCA Crim 2139

A deliberate and informed decision by an appellant and his legal advisers not to call a witness for tactical reasons would not amount to a reasonable explanation for a failure to adduce the witness's evidence at trial for the purposes of the Criminal Appeal Act 1968 s.23(2)(d).

CA (Crim Div) (Hooper LJ, Aikens J, Fulford J)


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