The trial judge had omitted to give a rape jury any direction on the standard of proof.
Held: The court regarded that as a serious defect, not cured by references in the speeches of counsel, but applied the proviso to the section so as to allow the conviction to stand.
Citations:
(1983) 77 Cr App R 5
Statutes:
Criminal Appeals Act 1968 2(1)
Jurisdiction:
England and Wales
Cited by:
Cited – Regina v Derek William Bentley (Deceased) CACD 30-Jul-1998
The defendant had been convicted of murder in 1952, and hung. A court hearing an appeal after many years must apply laws from different eras to different aspects. The law of the offence (of murder) to be applied was that at the time of the offence. . .
Lists of cited by and citing cases may be incomplete.
Criminal Practice
Updated: 25 November 2022; Ref: scu.192069
