PC (Trinidad and Tobago) The appellants had been convicted of murder and their capital sentences commuted. They now sought to challenge the convictions as to the admission of and directions given on the identification evidence. However the judge’s notes had been lost, and there remained no direct evidence as to the form of any misdirection. The defendants argued that there had been a practice of misdirection by judges at the time.
Held: In this case the surrounding evidence was weak, and after discounting the identification evidence, the convictions were unsafe.
Judges:
Lord Nicholls of Birkenhead, Lord Steyn, Lord Hope of Craighead, Lord Hutton, Lord Rodger of Earlsferry
Citations:
[2003] UKPC 1
Links:
Citing:
Cited – Regina v Elliott 1909
The absence or insufficiency of a shorthand note is not of itself a ground upon which a prisoner can succeed upon appeal, nor the existence of a proper note a condition precedent to a good trial. Where, however, there is reason to suspect that there . .
Cited – Regina v Le Caer CACD 1972
The judge’s notes had gone missing before the appeal.
Held: Applying Ellkiott, the simple fact that there is no shorthand note is not a ground for saying that the conviction is unsafe or unsatisfactory. For the appellant to claim that he must . .
Cited – Regina v Turnbull and Another etc CCA 9-Jun-1976
The defendants appealed against their convictions which had been based upon evidence of visual identification.
Held: Identification evidence can be unreliable, and courts must take steps to reduce injustice. The judge should warn the jury of . .
Cited – Freemantle v The Queen PC 7-Jul-1994
The judge’s warning to the jury about its dangers is needed, when the jury were being asked to consider uncorroborated visual identification evidence, unless, and exceptionally, the evidence is of such good quality as to stand without a warning. In . .
Cited – Queen v Beckford and Another PC 30-Jun-1993
The court rehearsed the Australian cases on the dangers of relying upon identification evidence, the need for proper jury directions, and the dangers of a court of appeal maintaining a conviction where an inadequate direction had been given relying . .
Lists of cited by and citing cases may be incomplete.
Commonwealth, Criminal Evidence
Updated: 07 June 2022; Ref: scu.179125