[2006] EWCA Crim 2754

If a case concerned events being recalled from a very long time before, the judge had carefully to scrutinise the evidence himself in order to see whether it was safe to leave the case to the jury. It was not sufficient for him to remark that inconsistencies in the evidence were a matter for the jury: it was his responsibility to consider whether they were such that no jury, even when properly directed, could safely convict.

CA (Crim Div) (Moses LJ, McCombe J, Judge Martin Stephens QC)

21/12/2006