Practice and Procedure

R v S : R v L (2009)

PUBLISHED January 27, 2009

[2009] EWCA Crim 85

The defence of necessity could not be excluded from consideration by the jury by a preliminary ruling where there was no agreed statement of facts and it was possible that evidence supporting the defence might be revealed on cross-examination of prosecution witnesses, or otherwise, in addition to that disclosed in the material before the judge.

CA (Crim Div) (Moses LJ, Dobbs J, Griffith Williams J)