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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 evidence of bad character). 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 criminal evidence act (1898), the term gives evidence against was broad enough to encompass a mere denial.

The Court of Appeal 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.