swarb.co.uk - law index
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Criminal Evidence - From: 1992 To: 1992
This page lists 13 cases, and was prepared on 21 May 2019.
ÂRegina v Brooks (1992) Cr App R 36
1992
CACD
Mustill LJ
Criminal Evidence
1 Cites
1 Citers
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Regina v McGregor Gazette, 04 March 1992
4 Mar 1992
CA
Criminal Evidence
Counsel is to notify the court of any intended reference to a co-accused's previous convictions.
Criminal Evidence Act 1898 1(1)(f)(iii)
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 Regina v Effik; Same v Micthell; CACD 23-Mar-1992 - [1992] 95 Cr App 427; Times, 23 March 1992
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Regina v Coventry Justices Ex Parte Bullard and Another Gazette, 15 April 1992; (1992) 95 CAR 175
15 Apr 1992
QBD
Criminal Evidence, Rating
Computer based evidence, which says what would have been said by the person making the record, remains hearsay, and is inadmissible without statutory provision otherwise. There is no exception for summary civil proceedings for the collection of community charge arrears. Legislation in the Magistrates court had made computer based evidence admissible but only for criminal proceedings. The crucial distinction is between ‘computer print-outs containing information implanted by a human, and print-outs containing records produced without human intervention’. Critical inputs into the computer had been of information either wholly or in part implanted by human agency and were thus inadmissible in evidence. The information showing the amount of the arrears due in respect of community charges had been inputted by a person so that the printout in such circumstances was tantamount to a statement made by the person who fed the data into the machine.
Police and Criminal Evidence Act 1984
1 Citers
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Regina v N Gazette, 03 June 1992
3 Jun 1992
CACD
Criminal Evidence
The section gives no basis for challenging the admission of a very young child's evidence.
Police and Criminal Evidence Act 1984 78
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Regina v Kearley Gazette, 03 June 1992; [1992] 2 AC 228; [1992] 2 All ER 345; [1992] Crim LR 797; [1992] 2 WLR 656
3 Jun 1992
HL
Lord Ackner, Lord Bridge
Criminal Evidence
Telephone calls which were made to the defendant's phone asking for drugs, but made after the arrest of the defendant for supplying drugs were inadmissible as hearsay. They were adduced to prove, by implication, the fact that he, as an occupier of the premises, was a supplier of drugs. The majority held that the hearsay rule applied to implied as well as express assertions, so that the evidence should not have been admitted by the trial judge. The requests for drugs were evidence of the state of mind of the person making the request but that person’s state of mind was not an issue at the trial. As a result, the requests for drugs were irrelevant and inadmissible.
Lord Bridge referred to the US federal rules of evidence which had adopted a rule confining the concept of hearsay to express assertions and conduct intended to amount to assertion, which outcome was interpreted to mean that assertions had to be intended to persuade in order to be caught by the hearsay rule. He identified: "the only rational ground for excluding from the scope of the hearsay rule assertions which are not express but implied by the words and conduct of persons not called as witnesses. Put shortly, the speakers' words and conduct are motivated quite independently of any possible intention to mislead and are thus exempt from the suspicion attaching to express assertions and are, in that sense, self authenticating."
1 Cites
1 Citers
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Regina v Cochrane [1993] Criminal Law Reports 48
4 Jun 1992
CACD
McCowan LJ, Waterhouse and Broke JJ
Criminal Evidence
A building society had credited the defendant with more than was due by error. A series of withdrawals were made before the error was discovered. The defendant appealed saying the judge had been wrong to have admitted computer print outs. Held: The appeal was allowed. The prosecution said that the entry of the pin number amounted to no more than an exercise in typing and that supporting evidence was not required. However the pin number was checked against a number held on the bank's central computer. Before the judge can decide whether computer printouts are admissible, whether as real evidence or as hearsay, it was necessary to call appropriate authoritative evidence to describe the function and operation of the computer. Though some of the till rolls might be admitted as real evidence, the balance could not. The police had broken so many elements of the Code of Practice that the defendant could not be expected to have confidence in the fairness of the proceedings.
Police and Criminal Evidence Act 1984 69
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Regina v Preston and Others Gazette, 17 June 1992
17 Jun 1992
CACD
Criminal Evidence
Evidence from telephone taps cannot be obtained for prosecution, and were inadmissible in court having been obtained unfairly.
Interception of Communications Act 1985 9, 2-2-b
1 Citers
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 Regina v Kansal; CACD 24-Jun-1992 - Gazette, 24 June 1992; Gazette, 15 July 1992; [1992] 3 All ER 844; [1993] QB 244
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Regina v Gopee and Gopee Gazette, 24 June 1992
24 Jun 1992
CC
Criminal Evidence
An interview was excluded because it had been taken after the suspect had not eaten for four hours. The police conduct was a breach of the Code of Practice.
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 Regina v Christou; Regina v Wright; CACD 8-Jul-1992 - Gazette, 08 July 1992; [1992] 1 QB 979; [1996] 2 Cr App R 360
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Regina v Mckenzie Gazette, 23 September 1992
23 Sep 1992
CA
Criminal Evidence
The Judge should dismiss a case where the confession was unsupported by other evidence, and the defendant was mentally handicapped.
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Goodwin and Another v Chief Constable of Lancashire Gazette, 02 December 1992
2 Dec 1992
CA
Criminal Evidence, Police
A Police training manual was properly withheld from discovery in the public interest.
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