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(1982) 75 Cr App R 242 (CA). The defendant appealed against his conviction on the basis that he had not been able to cross-examine a co-defendant about his bad character (see EvidenceOfBadCharacter). The co-defendant had not specifically attacked the defendant's character, but had merely denined involvement in the offence. The question that arose was whether in s.1(3)(ii) of the CriminalEvidenceAct1898, the term ``gives evidence against'' was broad enough to encompass a mere denial.
The CourtOfAppeal held that it was -- if the effect of the denial, if believed, was to cause the jury to conclude that the co-defendant was guilty, then this amounted to giving evidence against the co-defendant.
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