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Eloise Marshall [Miss T Salako] for the Crown Ian Morley for the Appellant ____________________
HTML VERSION OF JUDGMENT AS APPROVED BY THE COURT CROWN COPYRIGHT � ____________________
The witness replied, "It is not a handle that you open the door with; it closed automatically."
The note was handed to the judge in the usual way. At a convenient moment in the appellant's evidence the judge said that there was a question from the jury, which he would ask.
The note itself was not shown to counsel. It is submitted that the judge's summary was inadequate, and did not alert defence counsel to the fact that the note had something to do with the appellant's case that, notwithstanding his previous good character, he suffered from kleptomania. However, that submission is not sustained by the record of the exchange, which focused on the defendant's own claims that he was a kleptomaniac, who had written a letter that he was going to see a psychiatrist about the condition.
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