EWCA Crim 2288
The defendant's conviction for indecent assault and burglary would not be quashed as there had overall been no unfairness to the defendant. Although the prosecution had not produced evidence before the trial to make out continuity of DNA evidence the state of the continuity evidence at the end of the trial was such that a jury would be properly satisfied that the issue of continuity had been made out. A sentence of eight years' imprisonment was not in the circumstances manifestly excessive.
CA (Crim Div) (May LJ, Eady J, Hughes J)