[2007] EWCA Crim 1760
Where the case against the appellant was dependent on circumstantial evidence and that evidence was technically caught within the widely defined bad character provisions of the Criminal Justice Act 2003, there was no injustice in admitting that evidence even though no application had been made by the prosecution to admit it, as it was inevitable that the evidence would have been admitted if such an application had been made.
CA (Crim Div) (Scott Baker LJ, Mitting J, Recorder of Swansea)
16/07/2007