The two defendants appealed from convictions of conspiracy to defraud, saying that the court should not have admitted in evidence the admissions of co-defendants who had pleaded guilty. Held: The appeal failed. Judges: Sir Brian Leveson, Jeremy Baker, Goose JJ Citations: [2018] EWCA Crim 2486, [2018] WLR(D) 689, [2018] 4 WLR 154 Links: Bailii, WLRD … Continue reading Shirt and Another v Regina: CACD 8 Nov 2018
The court asked whether the conviction of a co-defendant was correctly admitted as evidence against her co-accused, and if not what was the effect on the fairness of the trial. Held: The plea of the co-defendant should not have been admitted. The issue at this trial was as to matters on which the first trial … Continue reading Girma and Others, Regina v (Rev 1): CACD 15 May 2009
The court considered the words ‘any issue in those proceedings’ as contained in the section. Held: The provision should be used only sparingly. Citations: (1987) 85 Cr App R 304 Statutes: Police and Criminal Evidence Act 1984 74(1) Cited by: Cited – Regina v Shanks CACD 19-Mar-2003 The appellant appealed his conviction for murder. He … Continue reading Regina v Robertson and Golder: CACD 1987
Staughton LJ discussed the admission against a defendant of the fact of a co-defendant’s conviction: ‘On the more general question whether, if objection had been taken under section 78, the evidence should have been excluded, we have paid particular attention to the observation in Curry [(unreported, April 28, 1998, CA)], ‘where the evidence expressly or … Continue reading Regina v Kempster: CACD 1990
The purpose of section 74(3) was ‘not to define or enlarge the circumstances in which evidence is admissible of the fact that an accused has committed an offence, but simply to assist in the mode of proof of that fact (which it does in section 75): ’21. . . This is made doubly clear by … Continue reading Regina v Harris: CACD 19 Apr 2000
