swarb.co.uk - law index
These cases are from the lawindexpro database. They are now being transferred to the swarb.co.uk website in a better form. As a case is published there, an entry here will link to it. The swarb.co.uk site includes many later cases.
Criminal Evidence - From: 1994 To: 1994
This page lists 40 cases, and was prepared on 21 May 2019.
Chan Wai-Keung v The Queen; PC 10-Jan-1994 - Times, 21 December 1994; Independent, 10 January 1994; [1995] 2 Cr App R 194; [1994] UKPC 47
Regina v Jones (M A); Regina v Dowling; R v Jones (D H); Regina v Brown; CACD 13-Jan-1994 - Times, 13 January 1994; Gazette, 23 March 1994
Regina v Chelmsford Crown Court Ex Parte Chief Constable of Essex; QBD 26-Jan-1994 - Gazette, 26 January 1994; [1994] 1WLR 359
Regina v Lawrence and Another; CACD 31-Jan-1994 - Ind Summary, 31 January 1994
Regina v Hurst Times, 02 February 1994
2 Feb 1994
CA
Criminal Evidence
Details of defence of duress to be explained more carefully-need for reform.
Regina v R Gazette, 30 March 1994; Times, 02 February 1994
2 Feb 1994
CA
Criminal Evidence, Legal Professions
DNA test results which had been obtained by a defendant's solicitor were protected by legal professional privilege from production by a prosecutor for other purposes.
Police and Criminal Evidence Act 1984 10
Regina v Jones and Others Ind Summary, 14 February 1994
14 Feb 1994
CA
Criminal Evidence
Identification evidence given after refreshing from video recording admissible.
Regina v Reeves Ind Summary, 21 February 1994
21 Feb 1994
CACD
Criminal Evidence
A sample provided by a defendant through his own lawyer to an expert witness was privileged.
Police and Criminal Evidence Act 1984 10(1)(c)
Regina v Weston Ind Summary, 28 February 1994
28 Feb 1994
CACD
Criminal Evidence
A bare assertion by the defendant of collusion was insufficient to enable him to require a voir dire.
Regina v H (Evidence: Corroboration); Regina v Hepburn Gazette, 30 March 1994; Times, 02 March 1994; Independent, 25 February 1994; [1994] 1 WLR 809
2 Mar 1994
CACD
Criminal Evidence
The defendant appealed his conviction for indecent assault on his daughter and stepdaughter. The prosecution relied upon the allegatins as similar fact evidence. The complainants denied collaboration and concoction. Held: The jury should decide first if the complainants have colluded before being asked to assess whether their accounts were corroboration for each other. Nevertheless the appeal failed. The assessment of the reliability of the witnesses, was essentially one for the jury not the judge, and he had been correct to leave the question to the jury.
1 Cites
1 Citers
Regina v W (Evidence) Times, 02 March 1994
2 Mar 1994
CA
Criminal Evidence
Judge to decide on need for voir dire on committal papers. Defendant's say so is not enough.
Regina v Middlebrook Ind Summary, 07 March 1994
7 Mar 1994
CA
Criminal Evidence
Interpretation of 'discretion' in excluding evidence is to be limited.
Police and Criminal Evidence Act 1984 78
Regina v Ahmed and Others Ind Summary, 18 April 1994; Unreported, 29 March 1994
29 Mar 1994
CA
Criminal Evidence
The tapping of telephone calls within a police station switchboard was outside the scope of the Act, since the calls were not intercepted whilst the communications were being carried on a public telecommunications system.
Interception of Communications Act 1985 1-1
1 Citers
Regina v Downey Times, 05 April 1994; [1995] 1 Cr App R 547
5 Apr 1994
CA
Criminal Evidence
Where offences are 'welded together' the jury may regard the totality of evidence.
1 Citers
Regina v Batt Times, 25 April 1994
25 Apr 1994
CACD
Criminal Evidence
On a charge of possession with intent to supply a class B drug, evidence of money found in the possession of the defendant was inadmissible.
Regina v Deakin Gazette, 01 June 1994; Times, 03 May 1994; Ind Summary, 02 May 1994
3 May 1994
CA
Criminal Practice, Criminal Evidence
An expert psychologist's evidence as to the competence of a disabled witness, should be heard in the absence of the jury.
Regina v Franklin Times, 16 June 1994
16 Jun 1994
CACD
Criminal Evidence
A statement was wrongly admitted after the suspect had been wrongly refused a solicitor.
Police and Criminal Evidence Act 1984 78
Regina v Singleton Times, 22 June 1994
22 Jun 1994
CACD
Criminal Evidence
Excluded material may be admitted if surrendered voluntarily.
Police and Criminal Evidence Act 1984 9
Regina v Taylor and Crabb Unreported, 22 July 1994; [1995] Crim LR 254
22 Jul 1994
CACD
Evans LJ
Criminal Evidence
The defendants had stood trial at the Central Criminal Court for murder. At the trial a witness anonymised as Miss A was allowed to give evidence anonymously, without revealing her address, behind a screen so arranged that she, the judge, jury and counsel could see each other directly but she and the defendants could not, although there was a video camera which enabled the defendants to see her by that means while she was giving evidence. Held: The procedure adopted allowed the defendants to be sure that Miss A was no one whom they recognised or who, so far as they were aware, had any motive for giving evidence against them. The court thus considered that any theoretical possibility of prejudice had been eliminated. The court has a power at common law to admit evidence from a witness anonymously.
1 Citers
Regina v Effik; Regina v Mitchell; HL 22-Jul-1994 - Gazette, 26 October 1994; Independent, 29 July 1994; Times, 22 July 1994; [1995] AC 1309
Regina v Johnson; CACD 1-Aug-1994 - Ind Summary, 01 August 1994
Regina v Cooke (Stephen) Ind Summary, 05 September 1994; Times, 10 August 1994; Gazette, 07 October 1994
10 Aug 1994
CACD
Police, Criminal Evidence
A sample of hair taken without the suspect's consent was not an intimate sample, and did not require the associated permissions and procedures. Evidence derived from such a sample was accordingly admissible in evidence.
Police and Criminal Evidence Act 1984 65
Regina v Gray and Others Ind Summary, 12 September 1994
12 Sep 1994
CACD
Criminal Evidence
Statement by one defendant in a common enterprise of intent was admissible against others.
Regina v Williams (John); QBD 7-Oct-1994 - Ind Summary, 24 October 1994; Times, 07 October 1994; [1998] 2 Crim App R 289; [1995] Cr App R 415
Regina v Rodgers Gazette, 07 October 1994
7 Oct 1994
CA
Criminal Evidence
Hearsay statement of a wife two weeks before her death was admissible - as in civil cases.
Michael Rose v The Queen [1994] UKPC 35
10 Oct 1994
PC
Criminal Evidence
(Jamaica) The defendant appealed against his conviction for murder saying that identification evidence had been wrongly admitted.
[ Bailii ]
Regina v Mattey, Regina v Queeley; CACD 13-Oct-1994 - Ind Summary, 24 October 1994; Times, 13 October 1994; Gazette, 09 November 1994
Regina v Slater Ind Summary, 17 October 1994
17 Oct 1994
CACD
Criminal Evidence
Turnbull direction unnecessary if Defendant admits presence unless suggestion of mistake.
Regina v Rawlings, Regina v Broadbent; CA 19-Oct-1994 - Times, 19 October 1994; Gazette, 11 January 1995; Independent, 18 October 1994; [1995] 2 Cr App R 222; [1995] 1 WLR 178
Regina v Morris Independent, 25 October 1994; Times, 20 October 1994; [1995] 2 Cr App R 69
25 Oct 1994
CACD
Criminal Sentencing, Criminal Evidence
The otherwise unexplained or unexplainable possession of large amounts of cash can be admissible as evidence of drug dealing.
1 Citers
Thompson v Dann and Another In re a Local Government Election Eel Brook Hammersmith Gazette, 16 November 1994; Times, 03 November 1994; Independent, 09 November 1994
3 Nov 1994
QBD
Elections, Criminal Evidence
The offence of 'personation' was not proven without evidence of deliberate misrepresentation as to identity when voting.
Proof of personation requires evidence of intention to vote in name of another.
Representation of the People Act 1983 60
Darby v Director of Public Prosecutions Times, 04 November 1994
4 Nov 1994
QBD
Criminal Evidence
A speed gun is a computer for evidence purposes in criminal proceedings. The screen readout is to be treated as a document needing confirmation as with other computer based evidence.
Police and Criminal Evidence Act 1984 69
Regina v Pieterson; Regina v H; CACD 8-Nov-1994 - Gazette, 11 January 1995; Times, 11 November 1994; [1995] 2 Cr App R 11; 93/6570/Z3
Regina v Hook Times, 11 November 1994
11 Nov 1994
CACD
Glidewell LJ, French J, Buckley J
Criminal Evidence
The defendant appealed his conviction for obtaining property by deception. He said the judge should have excluded evidence of allegations of six other similar offences, even though his counsel had not objected at the time. Held: The judge has a duty himself to challenge evidence if it is clearly not admissible. It would be a misdirection to fail to do so. However that duty did not apply where, as here, there were possibly sustainable arguments for its inclusion. An appeal was not to be used generally to take up points which counsel might have raised at trial.
Re Martin Ind Summary, 21 November 1994
21 Nov 1994
QBD
Criminal Evidence
Recordings of calls intercepted in Florida were admissible. The Interception of Communications Act doesn't apply to exclude them.
Interception of Communications Act 1985 9
Regina v Woodward (Terence); CACD 7-Dec-1994 - Times, 07 December 1994; [1995] 2 Cr App R 388; [1995] 3 All ER 79; [1995] RTR 130
Brown v Secretary of State for Social Security Times, 07 December 1994
7 Dec 1994
QBD
Criminal Evidence
Maker of statement is the actual deponent not the source of information.
Criminal Justice Act 1988 24
In Re F (A Minor) (Criminal Proceedings); CA 12-Dec-1994 - Times, 12 December 1994; Ind Summary, 16 January 1995
Braham v Director of Public Prosecutions Times, 29 December 1994
29 Dec 1994
QBD
Criminal Evidence
The admissibility of evidence was not questionable at appeal if it had not been raised before the Justices.
Police and Criminal Evidence Act 1984 78
Regina v Dixon (Paul), Regina v Mann (Harbel) Times, 31 December 1994
31 Dec 1994
CACD
Criminal Evidence
A tape recorded conversation with undercover officers was admitted without investigation.
Police and Criminal Evidence Act 1984 78
