RP v R.

LORD JUSTICE McCOMBE MR JUSTICE MITTING and MR JUSTICE PHILLIPS ____________________

Mr John E. H. Ryan (instructed by Martyn Prowel Solicitors) for the Appellant Ms Tracey Lloyd-Nesling (instructed by Appeals Unit Crown Prosecution Service) for the Respondent Hearing dates: 29th November 2013 ____________________

Prosecution counsel said that it was understood what happened when defending and this sort of situation arose.

The judge said that he was concerned that the jury might have been deliberately misled by counsel. He asked defence counsel directly whether he would acknowledge in front of the jury that he had misled them. Counsel said that he would need time to consider the point. The judge replied:

The judge thanked counsel for the explanation and invited him to say something appropriate to the jury to clarify the position. Counsel agreed, and we presume that was done, although we have no transcript of what was actually said.