Jatinder Singh Mann [2019] EWCA Crim 1200

The appellant was convicted of dangerous driving and sentenced to 12 months’ imprisonment. He appealed against conviction on the ground that the judge failed to direct the jury on the proper approach to take to any rejection of the appellant’s alibi defence.

The appellant was said to be identified by a police officer who had approached the car, and viewed the driver via the passenger window, having recognised him as someone he had seen around 10 times over a period of 7 or 8 years. The appellant denied being the driver at the relevant time and told police in interview he had been at a party but would not say exactly where he was or who with.

Held: either the identification by the officer was accurate and reliable so that the jury could be sure that the appellant was the driver and accordingly the appellant could not be telling the truth about being at a party at the time, or the evidence of the officer could not be relied on in this way, in which case the question of alibi was irrelevant. There was no room for any risk that the jury might follow a line of reasoning that the telling of lies equalled guilt so there was no need for a Lucas direction. The appeal was dismissed.