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Criminal Evidence - From: 1999 To: 1999
This page lists 25 cases, and was prepared on 21 May 2019.
Regina v Taylor; CACD 1999 - [1999] Crim LR 77
Regina v Hookway [1999] EWCA Crim 212
1 Feb 1999
CACD
Criminal Evidence
The defendant appealed against his conviction based on expert facial mapping evidence. Held. Such evidence might stand on its own, and had been properly left before the jury.
1 Citers
[ Bailii ]
Regina v Fitzpatrick (Gerald) Times, 19 February 1999
19 Feb 1999
CACD
Criminal Evidence
The direction to the jury about the value of expert evidence need not be followed slavishly. A jury should know that they were not necessarily bound by an expert's opinion, but there is no inflexible requirement as to the wording to be used.
1 Cites
Regina v Byron Times, 10 March 1999
10 Mar 1999
CACD
Criminal Evidence
A description of a suspect given by a witness is not itself an identification. Where an identification parade has not been held and therefore there is no admissible identification of the defendant, such evidence of description remains admissible.
Regina v Bingham (On Appeal From The Court Of Appeal Northern Ireland) Regina v Cooke (On Appeal From The Court Of Appeal Northern Ireland); HL 24-Mar-1999 - Times, 15 March 1999; [1999] UKHL 13; [1999] 1 WLR 598
Regina v Jones (Derek); Regina v Nelson (Gary); CACD 26-Mar-1999 - Times, 21 April 1999; Gazette, 06 May 1999; [1999] EWCA Crim 867
Regina v Buckley; CACD 30-Apr-1999 - Gazette, 09 June 1999; Times, 12 May 1999; (1999) 163 JP 561; [1999] EWCA Crim 1191
Regina v Forbes Times, 05 May 1999; Gazette, 26 May 1999
5 May 1999
CA
Criminal Evidence
A defendant, having attacked the character of a prosecution witness, could not escape having his own put in issue, by giving evidence, but then refusing to return to the witness box for cross-examination. The ID parades code is mandatory in effect.
Lennon, Regina v; CACD 10-May-1999 - [1999] EWCA Crim 1309
Regina v James NJ [1999] EWCA Crim 1686
17 Jun 1999
CACD
Criminal Evidence
The court admitted in evidence, by applying the res gestae rule, a statement of the defendant's co-accused.
1 Citers
Rockall, Regina (on The Application of) v The Attorney General [1999] EWHC B4 (Admin); [2000] 1 WLR 882
2 Jul 1999
Admn
Maurice Kay J
Criminal Evidence
[ Bailii ]
Regina v Gogana Times, 12 July 1999
12 Jul 1999
CACD
Criminal Evidence
Where an appeal was based upon a witness who having once given evidence wished to given evidence to a different effect, it was now clear that full affidavit evidence as to the circumstances in which the new evidence had been obtained and from all involved.
Regina v Derodara Times, 16 July 1999
16 Jul 1999
CACD
Criminal Evidence
The maker of a statement need not be the person who creates a statement. It may be the person on whose behalf the statements are asserted as true is the maker. Here a police report based on the defendant's false statements as to the date of a burglary were admitted as evidence in a case alleging a false declaration as part of an obtaining of a pecuniary advantage by deception.
Theft Act 1968 16(1) 23 24
Regina v K (Corroboration) Times, 16 July 1999
16 Jul 1999
CACD
Gage J
Criminal Evidence
The mother had drawn an allegation from her daughter by questioning. Held: Where a child's complaint in a sex abuse case may have been elicited by the mother, the court should make clear to the jury the danger of treating the mother's evidence as corroborative of the child's, and also as to the danger arising from the susceptibility to suggestion in such a child. The convictions in this case were unsafe.
Regina v M (T); CACD 20-Jul-1999 - [1999] EWCA Crim 2041; [2000] 2 Cr App R 266; [2000] 1 WLR 421; [2000] 1 All ER 148; [1999] Crim LR 982
Director of Public Prosecutions v Spurrier Gazette, 27 October 1999; Times, 12 August 1999; [1999] EWHC Admin 721
21 Jul 1999
QBD
Criminal Evidence, Road Traffic
It was not absolutely necessary for a defendant who asserted that a Lion Intoximeter was faulty because of a disparity between the reading and what had been drunk, to bring expert evidence to rebut the statutory presumption that the Intoximeter was in working order. A court could reach such a conclusion without such evidence, but should be careful to examine all relevant aspects of the evidence.
The prosecutor appealed against dismissal of a charge under section 5. The magistrates heard that the reading was exceptionally high, but that the police had not noticed any effect on her demeanour and it had been twelve hours since she had consumed any alcohol. Held. The case bumped up against the limits for magistrates to act without expert evidence, but the appeal failed. Their decision was not perverse. It was not absolutely necessary for a defendant who asserted that a Lion Intoximeter was faulty because of a disparity between the reading and what had been drunk, to bring expert evidence to rebut the statutory presumption that the Intoximeter was in working order. A court could reach such a conclusion without such evidence, but should be careful to examine all relevant aspects of the evidence.
Road Traffic Act 1988 5(1)
1 Cites
[ Bailii ]
Regina v Popat (No 2) Times, 02 September 1999
2 Sep 1999
CACD
Criminal Evidence
The case of R v Popat had not been overruled by R v Forbes, which had been decided unfortunately. The obligation to hold an identity parade was not absolute. There are other factors which can be relied upon to make the obligation indeterminate.
Police And Criminal Evidence Act 1984 Codes of Practice 1996 D:2.3
1 Cites
1 Citers
Regina v Nicholson (Andrew Robert) Times, 02 September 1999
2 Sep 1999
CACD
Criminal Evidence
Where in an assault case, the complainant did not assert that she would be able to identify the defendant, a defendant seeking an identity parade merely for the purpose of establishing what was admitted, could not oblige a parade to be called. The prosecution had proceeded on the basis of other evidence, and placed no reliance upon a general description given by the complainant.
Police And Criminal Evidence Act 1984 Codes of Practice 1996 D:2.3
Regina v M and Others; CACD 2-Sep-1999 - Times, 02 September 1999; [2000] 1 Crim App R 49
Regina v Nicholson (Andrew Robert) Gazette, 08 September 1999
8 Sep 1999
CACD
Criminal Evidence
Where in an assault case, the complainant did not assert that she would be able to identify the defendant, a defendant seeking an identity parade merely for the purpose of establishing what was admitted, could not oblige a parade to be called. The prosecution had proceeded on the basis of other evidence, and placed no reliance upon a general description given by the complainant.
Police And Criminal Evidence Act 1984 Codes of Practice 1996 D:2.3
Regina v Roberts Times, 14 September 1999
14 Sep 1999
CACD
Criminal Evidence
Where it became clear during a trial that a witness' identification of the defendant was based rather on voice than visual memory, counsel for prosecution and defence should have been given opportunity to consider this and make representation, with the trial being stopped if necessary. Research suggests that identification from voice is less reliable even than visual identification.
Regina v Ryan Times, 13 October 1999
13 Oct 1999
CACD
Criminal Evidence
There has been some confusion about the need for identity parades to be held where requested by the defendant. Where the witness had properly identified the defendant such a parade need not be held. The decision in R v Popat was to be preferred to that in R v Forbes.
Police and Criminal Evidence Act 1984 Codes of Practice
Nottingham City Council v Amin; QBD 2-Dec-1999 - Times, 02 December 1999; [2000] 1 WLR 1071
Regina v Doldur Times, 07 December 1999; Gazette, 08 December 1999
7 Dec 1999
CACD
Criminal Evidence
A jury cannot convict solely on the basis of an inference, drawn under section 34, from the combination of an accused's failure to give at interview, an explanation relied upon later at court. Additional evidence could be found not only from the prosecution case, but also from the defence. In a section 35 case however, the jury must only draw upon the prosecution case for such a basis.
Criminal Justice and Public Order Act 1994 34 35
1 Cites
Regina v Z (Prior Acquittal); CACD 14-Dec-1999 - Times, 14 December 1999; Gazette, 07 January 2000
