Practice and Procedure

R V (1) GARY PHILLIP HAMPTON (2) MICHAEL ANTHONY BROWN (2004)

PUBLISHED July 30, 2004
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[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)

30/07/2004

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