[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