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24 July 2008
Issue: 7331 / Categories: Case law , Law digest
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Criminal Litigation

R v Cadman [2008] EWCA Crim 1418, [2008] All ER (D) 43 (Jul)

The defendant was charged with fraud involving cheques. At the trial, the jury were shown a number of cheques but there was no expert handwriting evidence that compared the defendant’s handwriting to the handwritten details on the cheques. The defendant denied any part in the fraud. After the jury had retired, they requested a sample of cheques which the defendant had allegedly written, the foreman of the jury indicating that they wanted to compare the handwriting on the cheques with samples of the defendant’s handwriting in other documents.

HELD For the jury to use the extraneous material provided after their retirement (i.e. the sample of further cheques) in order to compare handwriting so as to decide whether the appellant had written out the cheques in question necessarily meant using that extraneous material as evidence in an exercise that would enable the jury to reach their own conclusion in relation to the appellant’s evidence to the contrary. It was wholly impermissible for the jury to make use of the extraneous material for such an evidential exercise.

Issue: 7331 / Categories: Case law , Law digest
printer mail-details

MOVERS & SHAKERS

Browne Jacobson—Simone Ketchell

Browne Jacobson—Simone Ketchell

Browne Jacobson adds top property litigation Partner in record real estate expansion

Fieldfisher—Megan Goodyer

Fieldfisher—Megan Goodyer

Fieldfisher expands Personal Injury team with impressive partner from Stewarts

Clyde & Co—Jack Holling

Clyde & Co—Jack Holling

Global firm strengthens insurance practice with appointment of partner

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