Counsel, in a trial alleging an indecent assault, had failed to raise with the jury the contents of an illegally taped conversation between the complainant and one of her witnesses encouraging perjury.
Held: The defect in counsel’s conduct of the case was so significant that the verdict was unsafe. The test to be applied was whether counsel’s conduct and decisions had been reasonable. Where they had not, a conviction might be unsafe.
Citations:
Gazette 03-Nov-1999, Times 12-Nov-1999
Jurisdiction:
England and Wales
Citing:
Cited – Associated Provincial Picture Houses Ltd v Wednesbury Corporation CA 10-Nov-1947
Administrative Discretion to be Used Reasonably
The applicant challenged the manner of decision making as to the conditions which had been attached to its licence to open the cinema on Sundays. It had not been allowed to admit children under 15 years of age. The statute provided no appeal . .
Lists of cited by and citing cases may be incomplete.
Criminal Practice
Updated: 25 October 2022; Ref: scu.85595