Criminal law – Trial. The defendant was convicted of assault by penetration, two counts of sexual assault and one count of rape. In his summing up, the judge had given a direction pursuant to s 34 of the Criminal Justice and Public Order Act 1994 in respect of the failure to mention two facts prior to trial which the defendant had relied upon. The Court of Appeal, Criminal Division, dismissed his appeal and held that, although it was doubtful that the judge should have given a direction in respect of the defence case statement, it had not affected the safety of the conviction.