ADMISSIBILITY OF COZART TEST AS PART OF RES GESTAE

Where a judge had decided not to permit evidence of an appellant’s previous conviction and sentence to be adduced under the Criminal Justice Act 2003 s.101(1)(d), there was no proper basis for admitting it under s.101(1)(c) where it did not satisfy the test for important explanatory evidence.

[2012] EWCA Crim 2879