Practice and Procedure

R v KERRY LEY (2006)

PUBLISHED December 7, 2006

[2006] EWCA Crim 3063

Where a judge had concluded that it would not be safe to leave the case to the jury if it depended solely on a witness's recognition evidence, he was not required to direct the jury in positive terms not to convict unless they were satisfied there was other reliable evidence independent of the recognition evidence which would support the identification.

CA (Crim Div) (Scott Baker LJ, Penry-Davey J, Judge Loraine-Smith)