swarb.co.uk - law index
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Criminal Evidence - From: 1995 To: 1995
This page lists 35 cases, and was prepared on 21 May 2019.
Regina v Stevens [1995] Crim LR 649
1995
CACD
Criminal Evidence
S was charged with the murder of a woman with whom he had been living. Held: Evidence of previous occasions on which he had assaulted her were properly admitted as part of the background.
1 Citers
Regina v Russell-Jones [1995] 1 CAR 538; [1995] 3 All ER 239
1995
CACD
Kennedy LJ
Criminal Evidence
The Crown cannot be required to adduce evidence which (or to tender for cross-examination a witness whose evidence) is not capable of belief: ". . . the prosecution ought normally to call or offer to call all the witnesses who give direct evidence of the primary facts of the case, unless for good reason, in any instance, the prosecutor regards the witness's evidence as unworthy of belief. In most cases the jury should have available all of that evidence as to what actually happened, which the prosecution, when serving statements, considered to be material, even if there are inconsistencies between one witness and another. The defence cannot always be expected to call for themselves witnesses of the primary facts whom the prosecution has discarded. For example, the evidence they may give, albeit at variance with other evidence called by the Crown, may well be detrimental to the defence case. If what a witness of the primary facts has to say is properly regarded by the prosecution as being incapable of belief, or as some of the authorities say 'incredible', then his evidence cannot help the jury assess the overall picture of the crucial events; hence, it is not unfair that he should not be called . . .
The prosecutor is also, as we have said, the primary judge of whether or not a witness to the material events is incredible, or unworthy of belief. It goes without saying that he could not properly condemn a witness as incredible merely because, for example, he gives an account at variance with that of a larger number of witnesses, and one which is less favourable to the prosecution case than that of the others.
A prosecutor properly exercising his discretion will not therefore be obliged to proffer a witness merely in order to give the defence material with which to attack the credit of other witnesses on whom the Crown relies. To hold otherwise would, in truth, be to assert that the prosecution are obliged to call a witness for no purpose other than to assist the defence in its endeavour to destroy the Crown's own case. No sensible rule of justice could require such a stance to be taken."
1 Citers
Regina v Lockley [1995] 2 Cr App R 554
1995
CACD
Criminal Evidence
1 Citers
Regina v Bailey Times, 26 January 1995
26 Jan 1995
CACD
Criminal Practice, Criminal Evidence
A confession made by a mentally handicapped person to a non-independent witness should only be admitted into evidence after a proper warning was agreed to be given to the jury.
Police and Criminal Evidence Act 1984 77
Regina v Clarke; CACD 30-Jan-1995 - Ind Summary, 30 January 1995; [1995] 2 Cr App R 420
Regina v Foxley Ind Summary, 03 April 1995; Times, 09 February 1995; [1995] 2 Cr App R 523
9 Feb 1995
CACD
Criminal Evidence
Written statements can be admissible at trial with the protections given by the section without being supported by oral evidence. An inference of the personal knowledge of the maker of statement is permissible.
Criminal Justice Act 1988 24(1)(ii)
1 Citers
Regina v Black Ind Summary, 27 March 1995; Times, 01 March 1995
1 Mar 1995
CACD
Criminal Evidence
Evidence of similar convictions in Scotland for child abduction was admissible evidence against a defendant in England.
Regina v Lucien Times, 04 March 1995
4 Mar 1995
CACD
Criminal Evidence
Items 'carried' when entering country included shoes being worn.
Customs and Excise Management Act 1979 78(2)
Regina v Grant; CACD 8-Mar-1995 - Times, 08 March 1995
Regina v Clare, Regina v Peach; CACD 7-Apr-1995 - Independent, 07 April 1995; Times, 07 April 1995; Gazette, 03 May 1995; [1995] 2 Cr App R 333
Regina v Sinclair (Beverley) Times, 07 April 1995
7 Apr 1995
CACD
Criminal Evidence
Statement by victim was admissible after death - 'person' not 'living person'.
Magistrates Courts Act 1980 106-1
Fearon v Director of Public Prosecutions Ind Summary, 24 April 1995
24 Apr 1995
QBD
Criminal Evidence
Cross examination was allowed on a defendant's previous convictions despite no dishonesty.
Criminal Evidence Act 1898 1(f)(ii)
Lobban v The Queen Gazette, 01 June 1995; Times, 28 April 1995; [1995] 1 WLR 877
28 Apr 1995
PC
Criminal Evidence, Commonwealth
(Jamaica) The judge had no discretion to exclude evidence on request of co-defendant in joint trial. The exculpatory part of co-accused statement not to be excluded since it was his right to have it put in. Those who are charged with an offence allegedly committed in a joint criminal enterprise should generally be tried in a joint trial.
1 Citers
Mod Ali Bin Burut and Others v Public Prosecutor (Brunei) Times, 28 April 1995
28 Apr 1995
PC
Criminal Evidence, Commonwealth
An interview whilst the suspect was manacled and hooded was plainly oppressive.
Regina v Sinclair Ind Summary, 08 May 1995
8 May 1995
CA
Criminal Evidence
Evidence of deceased complainants statement was admissible - still a person.
Magistrates Courts Act 1980 106-1
Regina v Nathaniel Ind Summary, 08 May 1995
8 May 1995
CA
Criminal Evidence
A DNA sample obtained for an earlier offence was not to be admitted on a subsequent case.
Regina v Armstrong; CACD 9-May-1995 - Times, 09 May 1995
Regina v Makanjuola; CACD 17-May-1995 - Gazette, 07 June 1995; Independent, 06 June 1995; Times, 17 May 1995; (1995) 2 Cr App R 469; [1995] 1 WLR 1348; [1995] 3 All ER 730
Regina v Longden; CACD 31-May-1995 - Times, 31 May 1995
Regina v Lockley; Regina v Corah; CACD 15-Jun-1995 - Independent, 15 June 1995; Times, 27 June 1995
Mohd Ali Bin Burut v Public Prosecutor (Brunei) Gazette, 21 June 1995
21 Jun 1995
PC
Criminal Evidence, Commonwealth
Hooding and manacling of prisoners made subsequent admissions inadmissible.
Regina v Barnes (Anthony); CACD 6-Jul-1995 - Gazette, 31 August 1995; Ind Summary, 14 August 1995; Times, 06 July 1995; [1995] 2 Cr App R 491
Regina v E (Sexual Abuse: Delay); CACD 6-Jul-1995 - Ind Summary, 31 July 1995; Gazette, 19 July 1995; Times, 06 July 1995
Aston v Director of Public Prosecutions Ind Summary, 10 July 1995
10 Jul 1995
QBD
Criminal Evidence
A computer printout was admitted in evidence. 'Impropriety' in the 1984 Act meant producing an unfair result to the defendant.
Police and Criminal Evidence Act 1984 69
MFI Furniture Centres Ltd v Hibbert; QBD 21-Jul-1995 - Times, 21 July 1995; Independent, 21 September 1995
Regina v Haringey Justices Ex Parte Director of Public Prosecutions Times, 05 September 1995
5 Sep 1995
QBD
Criminal Evidence
A police officer whose evidence is central to a case against a defendant should give evidence despite his suspension.
Regina v Rankin; CACD 5-Sep-1995 - Ind Summary, 09 October 1995; Times, 05 September 1995
Regina v Castillo Times, 02 November 1995
2 Nov 1995
CACD
Criminal Evidence
The inability of a witness to attend my be proved by an affidavit from a third party.
Criminal Justice Act 1988 23(2)(b)
Regina v Gilfoyle Gazette, 29 November 1995; Ind Summary, 06 November 1995
6 Nov 1995
CACD
Criminal Evidence, Criminal Practice
The Court of Appeal has power to receive and call for additional evidence in interests of justice, and even though it had been ruled inadmissible at the trial if was relevant.
Criminal Appeal Act 1991 23(1) - Criminal Appeal Act 1968 23(1)
Regina v D and Others Times, 15 November 1995
15 Nov 1995
CACD
Criminal Evidence
The competence of a child witness was tested on whether he was able to understand and reply.
Regina v Davies; CACD 27-Nov-1995 - Ind Summary, 27 November 1995
Shand v The Queen; PC 27-Nov-1995 - Times, 29 November 1995; [1996] 1 WLR 67; [1995] UKPC 46
Regina v Saunders and Others Independent, 28 November 1995; Times, 28 November 1995; Gazette, 15 December 1995
28 Nov 1995
CACD
Criminal Evidence
The absence of the protection of a rule against self-incrimination under the company law questioning procedure, didn't make the use an admission in criminal proceedings unfair. DTI Inspectors may continue their inquiries after it has become clear that offences have been committed provided the caution is given.
Police and Criminal Evidence Act 1984 78
Regina v M (Criminal Evidence: Replaying of Video) Ind Summary, 15 January 1996; Times, 29 November 1995
29 Nov 1995
CACD
Criminal Evidence
A second showing of video evidence should only be allowed if it was requested by the jury.
Regina v Lee (Robert Paul); CACD 28-Dec-1995 - Times, 28 December 1995
