Anderson v HM Advocate: HCJ 1996

The court considered the effect on a conviction of a failure by defence counsel. After considering the authorities: ‘It can only be said to have resulted in a miscarriage of justice if it has deprived the accused of his right to a fair trial. That can only be said to have occurred where the conduct was such that the accused’s defence was not presented to the court. This may be because the accused was deprived of the opportunity to present his defence, or because his counsel or solicitor acted contrary to his instructions as to the defence which he wished to be put or because of other conduct which had the effect that, because his defence was not presented to the court, a fair trial was denied to him.’


The Lord Justice General (Hope


1996 JC 29




CitedRegina v McLoughin 1985
(New Zealand) The court considered the effect of failure of defence counsel on trial. Counsel had elected not to call alibi evidence in the face of his client’s instructions to do so.
Held: ‘The reason, it appears, was that counsel thought the . .
CitedMills and Others v The Queen PC 1-Mar-1995
A judge’s identification direction need not always warn on the need for witnesses to be convincing. An unsworn statement from a defendant is significantly inferior to oral evidence. . .
CitedLawrence Pat Sankar v State of Trinidad and Tobago PC 16-Dec-1994
(Trinidad and Tobago) An advocate’s failure to advise his client on the need for him to give evidence, and the consequences of his not doing so may be enough to justify an appeal against conviction. . .
CitedRegina v Clinton CACD 1993
Where counsel’s conduct is called in question, the general principle requires the court to focus on the impact of the faulty conduct on the trial and result. . .
CitedRegina v Birks 1990
The court looked at Counsel’s failure to represent defendant properly. . .

Cited by:

CitedBally Sheng Balson v The State PC 2-Feb-2005
PC (Dominica) The appellant had been convicted of the murder of his partner and appealed the conviction.
Held: The case did not fall within the case of Anderson, and counsel’s failure was not such as to . .
Lists of cited by and citing cases may be incomplete.


Updated: 30 April 2022; Ref: scu.226130