Regina v Setz-Dempsey and Another: CACD 24 Jun 1993

Mental illness is included in the meaning ‘Unfit to attend as a witness’. The admission of statements under s25 quite different from s26 Criminal Justice Act 1988.

Citations:

Times 20-Jul-1993, Independent 24-Jun-1993

Statutes:

Criminal Justice Act 1988 23(2) 25 26

Jurisdiction:

England and Wales

Criminal Evidence, Criminal Practice

Updated: 25 May 2022; Ref: scu.88003

Regina v Davis, Rowe, Johnson: CACD 17 Jul 2000

The court made a distinction between convictions found on appeal to be unfair, and those found to be unsafe. The prosecution had not disclosed to the defendants that the source of their information was a police informer. The European Court of Human Rights had found the procedure unfair. The national court must therefore discharge the defendants, but could not say they felt the defendants’ innocence had been established. The system of public interest immunity certificates had not itself been criticised by the European Court of Human Rights, and the system stood valid. Assessing the claim for a certificate in chambers would not deprive the applicant of his remedy. ‘The court is concerned with the safety of the conviction. A conviction can never be safe if there is a doubt about guilt. However, the converse is not true. A conviction may be unsafe even where there is no doubt about guilt but the trial process has been ‘vitiated by serious unfairness or significant legal misdirection’ as in Smith (Patrick and Others) and in Weir. Usually it will be sufficient for the court to apply the test in Stirland.’ and ‘Assuming the wrong decision on law or the irregularity had not occurred and the trial had been free from legal error, would the only reasonable and proper verdict have been one of guilty?’

Judges:

Mantell LJ, Blofeld, Rafferty JJ

Citations:

Times 25-Jul-2000, Times 24-Apr-2000, [2001] 1 Cr App Rep 8, [2000] Crim LR 1012, [2000] UKHRR 683, [2000] HRLR 527, [2000] EWCA Crim 109

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

CitedStirland v Director of Public Prosecutions HL 1944
The House considered what was the appropriate test for allowing a conviction to stand despite the finding of an irregularity in the trial.
Held: The House must be satisfied that there was ‘a situation a reasonable jury, after being properly . .
See AlsoRegina v Davis; Regina v Rowe; Regina v Johnson CA 10-Mar-1993
Guidance was given on the procedures to be followed for applications for non-disclosure for public interest immunity. The court identified three types of case. In the first, and most frequent case the prosecution must notify the defence of the . .

Cited by:

CitedKelleher, Regina v CACD 20-Nov-2003
The defendant, out of strong conviction, entered an art gallery and knocked the head from a statue of Margaret Thatcher.
Held: The court examined the breadth of the defence of ‘lawful excuse’ to a charge of criminal damage, and whether a court . .
CitedGough, Regina v CACD 8-Nov-2001
Appeal against conviction for burglary: ‘The appeal is concerned only with the directions given to the jury as to the inferences which they might draw after the appellant absconded during the course of his trial.’
Held: The direction was . .
Lists of cited by and citing cases may be incomplete.

Criminal Practice, Human Rights, Criminal Evidence, Crime

Updated: 23 May 2022; Ref: scu.135722

Regina v Feltham Magistrate’s Court, ex Parte Ebrahim, Director of Public Prosecutions: Admn 21 Feb 2001

The court considered how cases should be handled where video evidence of relevance to a defendant’s case had been destroyed, and the defendant asserted abuse of process.
Held: The discretion to stay proceedings should be employed only in exceptional circumstances. Two categories applied: where the defendant could no longer receive a fair trial, and where it would be unfair to try the defendant. The defence should notify the prosecution at an early stage if any such evidence was required to be preserved.
Brooke LJ pointed out that a judgment of the fairness of proceeding applied both to the prosecution and the defence. As to the assessment of fairness where relevant evidence was missing he said: ‘It must be remembered that it is a commonplace in criminal trials for a defendant to rely on ‘holes’ in the prosecution case, for example, a failure to take fingerprints or a failure to submit evidential material to forensic examination. If, in such a case, there is sufficient credible evidence, apart from the missing evidence, which, if believed, would justify a conviction, then a trial should proceed, leaving the defendant to seek to persuade the jury or justices not to convict because evidence which might otherwise have been available was not before the court through no fault of his. Often the absence of a video film or fingerprints or DNA material is likely to hamper the prosecution as much as the defence.’

Judges:

Mr Justice Morison Lord Justice Brooke

Citations:

Times 27-Feb-2001, [2001] 1 WLR 1293, [2001] 2 Cr App R 23, [2001] EWHC Admin 130, [2002] RTR 7, [2001] 1 All ER 831, [2001] Crim LR 741

Links:

Bailii

Cited by:

CitedRegina v Parker CACD 30-Jan-2003
The defendant appealed a conviction for causing criminal damage by fire with risk to life. The evidence was that no explanation existed other than that the fire had been started deliberately. She said she had been trying to light a cigarette in bed. . .
CitedPhipps, Regina v CACD 14-Jan-2005
The appellant had been convicted of driving with excess alcohol. After complaints by the injured victim’s family he was further prosecuted for dangerous driving. He now appealed his conviction, having pleaded guilty when the judge failed to find an . .
CitedDirector of Public Prosecutions v Wood; Director of Public Prosecutions v McGillicuddy Admn 19-Jan-2006
Each defendant sought disclosure of materials concerning the intoximeter instruments, having been charged with driving with excess alcohol. The defendants said that the meters were inaccurate and that the manufacturers were in effect part of the . .
CitedAli, Altaf v Crown Prosecution Service, West Midlands CACD 22-Mar-2007
The defendant was first arrested in 1997, but only re-arrested in 2004. He complained that the delay affected his right to a fair trial within a proper time. The judge accepted this but the trial proceeded, the judge denying a claim of abuse of . .
CitedTaylor v Regina CACD 20-Dec-2013
The defendant appealed against his conviction, for sex offences some 33 years earlier, saying that the convictions had been unfairly obtained. Evidence had been available since 1980, but a decision not to prosecute had been taken.
Held: ‘the . .
Lists of cited by and citing cases may be incomplete.

Criminal Evidence, Criminal Practice

Updated: 23 May 2022; Ref: scu.135561

Regina v Mayers, Glasgow and others: CACD 12 Dec 2008

The court considered the application of the rules in the 2008 Act on witness anonymity orders.
Held: There is no basis at common law or under the 2003 Act or the 2008 Act upon which anonymous hearsay evidence can be admitted.

Citations:

[2008] EWCA Crim 2989, [2009] 1 Cr App R 30, [2009] Crim LR 272, [2009] 2 All ER 145, [2009] 1 WLR 1915

Links:

Bailii

Statutes:

Criminal Evidence (Witness Anonymity) Act 2008

Jurisdiction:

England and Wales

Cited by:

CitedRegina v Twist and Others CACD 12-May-2011
The court considered the application of the 2003 Act to communications made to, or by, the defendant, and in particular text messages sent by mobile telephone.
Held: The four appeals against conviction were dismissed. Singh established that . .
CitedRegina v Twist and Others CACD 12-May-2011
The court considered the application of the 2003 Act to communications made to, or by, the defendant, and in particular text messages sent by mobile telephone.
Held: The four appeals against conviction were dismissed. Singh established that . .
Lists of cited by and citing cases may be incomplete.

Criminal Evidence

Updated: 23 May 2022; Ref: scu.280033

Regina v Virgo: CACD 1978

The defendant appealed against his conviction for conspiracy and corrupt acceptance of bribes. One of the witnesses for the prosecution was a person engaged in pornography and who had allegedly bribed the defendant. The Court considered the evidential status of diary entries used by a witness to refresh his memory of dates and events in which he was involved. The diary was admitted into evidence without objection.
Held: Those entries were not capable of amounting to corroboration of the evidence of the witness who was an accomplice of the accused. Geoffrey Lane LJ said that the nature of the diary entries was such that if the jury thought they were genuine they might show a degree of consistency in the witness – much in the way that a prompt complaint by a victim of sexual assault might be used by a jury as bolstering the complainant’s evidence, but the entries could not be used as evidence of the truth of their contents: ‘There is always a danger in circumstances such as these when attention has been focused on a particular document for a long period of time, and when the document has been subjected to a minute and line by line analysis as these diaries were that the document will achieve an importance which it does not warrant. It was most important in this case that the status of these diaries should be clearly understood throughout the trial and particularly at the end of the trial when the learned judge came to sum up the matter to the jury . . Those diaries were never more, at best, than a means whereby Humphreys might be able to give accurate dates and accurate chapter and verse for the incidents in respect of which he was giving evidence. They were never more than documents prepared by Humphreys and Humphreys was a self-confessed dealer in pornography. He was an accomplice and he was, on any view, a highly unsavoury character in many other ways. His evidence, par excellence, required corroboration.’

Judges:

Geoffrey Lane LJ

Citations:

(1978) 67 Cr App R 323

Jurisdiction:

England and Wales

Cited by:

CitedChinn, Regina v CACD 15-Mar-2012
The defendant appealed against his conviction for a serious assault. He argued that the prosecution should not have been allowed to introduce parts of a witness’ statement where the witness could not remember the underlying events directly.
Lists of cited by and citing cases may be incomplete.

Criminal Evidence

Updated: 23 May 2022; Ref: scu.452166

Regina v Smith, D: CACD 21 Dec 2005

The defendant appealed his conviction for five counts of gross indecency with a child, complaining that the court had admitted as evidence of propensity, the fact that other allegations had been made against him.
Held: The allegations were admissible as evidence of propensity, through section 10(1)(d), but through 10(1)(c) as ‘important explanatory evidence. Just what weight should be attached would then properly be a matter for the jury. The principle was that all relevant evidence should be admitted.

Judges:

Scott Baker LJ, Gross LJ, Ramsey J

Citations:

Times 02-Jan-2006

Statutes:

Criminal Justice Act 2003 101(3)

Jurisdiction:

England and Wales

Citing:

CitedRegina v Z (Prior acquittal) HL 22-Jun-2000
The defendant on a charge of rape had been tried and acquitted of the rape of different women on three previous occasions in three separate trials. The prosecution wished to call those three complainants to give similar fact evidence in support of . .
Lists of cited by and citing cases may be incomplete.

Criminal Evidence

Updated: 23 May 2022; Ref: scu.237470

Regina v Taylor and Crabb: CACD 22 Jul 1994

The defendants had stood trial at the Central Criminal Court for murder. At the trial a witness anonymised as Miss A was allowed to give evidence anonymously, without revealing her address, behind a screen so arranged that she, the judge, jury and counsel could see each other directly but she and the defendants could not, although there was a video camera which enabled the defendants to see her by that means while she was giving evidence.
Held: The procedure adopted allowed the defendants to be sure that Miss A was no one whom they recognised or who, so far as they were aware, had any motive for giving evidence against them. The court thus considered that any theoretical possibility of prejudice had been eliminated. The court has a power at common law to admit evidence from a witness anonymously.

Judges:

Evans LJ

Citations:

Unreported, 22 July 1994, [1995] Crim LR 254

Jurisdiction:

England and Wales

Cited by:

CitedRegina v Davis (Iain); Regina v Ellis, Regina v Gregory, Regina v Simms, Regina v Martin CACD 19-May-2006
The several defendants complained at the use at their trials of evidence given anonymously. The perceived need for anonymity arose because, from intimidation, the witnesses would not be willing to give their evidence without it.
Held: The . .
CitedRegina v Davis HL 18-Jun-2008
The defendant had been tried for the murder of two men by shooting them at a party. He was identified as the murderer by three witnesses who had been permitted to give evidence anonymously, from behind screens, because they had refused, out of fear, . .
CitedVB and Others v Westminster Magistrates SC 5-Nov-2014
Extraditions to follow normal open justice rules
Application was made by Rwanda for the extradition of four individuals to face crimes said to have been committed during their civil war. Witnesses were prepared to give evidence but only in private and not being seen by the representatives of . .
Lists of cited by and citing cases may be incomplete.

Criminal Evidence

Updated: 22 May 2022; Ref: scu.242459

RSPCA, Regina (on The Application of) v Colchester Magistrates’ Court: Admn 11 Mar 2015

Cases brought by the RSPCA under the 2006 Act were dismissed after evidence was not admitted. They now appealed. Search warrants had been obtained for one purpose but, the defendants had argued, that purpose having been satisfied, the search which continued had been unlawful, and that evidence drawn from that activity should not be admitted. There had been mistakes as to the Acts under which allegations were contemplated.
Held: The application was refused. The breach was significant even if it was in good faith. A breach which is significant is not made insignificant by good faith. The authorities suggest that a significant breach should normally lead to the exclusion of the evidence.
Beatson LJ said: ‘the District Judge found that the Council officers and the RSPCA inspector, who took part in the execution of the warrant and did not know the purpose for which it was issued. They wrongly understood that it was issued to enable them to search for evidence of animal cruelty. Because of that they went further than the purpose for which the warrant was issued. Because they went further than the boundaries of the warrant, the admonition against tunnel vision does not help the claimant in this case. The principle of legality is an important principle in the public law of this country . . This was a case in which applications were made for warrants pursuant to three statutes. A warrant was only issued pursuant to one of those statutes but those who executed the warrant proceeded as though a warrant had been granted under one of the other statutes as well. They then sought to seek to defend what they did on the grounds that serious ill animals were in fact found. It was in truth an argument that the end justifies the means.’

Judges:

Beatson LJ, Blake J

Citations:

[2015] EWHC 1418 (Admin)

Links:

Bailii

Statutes:

Animal Welfare Act 2006, Police and Criminal Evidence Act 1984 78

Jurisdiction:

England and Wales

Criminal Evidence

Updated: 20 May 2022; Ref: scu.547076

Regina v Taylor: CACD 25 Jan 2006

The defendant sought leave to appeal his conviction for causing grievous bodily harm, saying that the judge should not have admitted hearsay evidence and had failed to consider all the elements he should have considered before allowing it.
Held: The Act provided for nine separate factors. The judge had said that he had been unable to form a view on all nine factors, but that the defendant could call evidence to contradict the assertions made. The section required the judge to ‘have regard to’. That did not mean that he was required to reach and explain his conclusion on each. The judge had clearly had regard to the required elements, and leave was refused.

Judges:

Rose LJ, Raferty J, Sir Douglas Brown

Citations:

Times 07-Feb-2006

Statutes:

Criminal Justice Act 2003 114

Jurisdiction:

England and Wales

Criminal Evidence

Updated: 20 May 2022; Ref: scu.238329

Myers v The Queen: PC 6 Oct 2015

Bermuda – three appeals against conviction raising similar, although not identical, questions concerning the admissibility and proper ambit of evidence as to the existence and practices of gangs and the defendant’s connections with them.
Held: The appeals failed. A police officer from a unit targeting criminal gangs was able give evidence at a criminal trial as to the culture in which such gangs operated – including practices such as shooting a random member of a rival gang in response to an insult or attack on one of its own members, and as to the defendant’s and victim’s membership of rival gangs, to show motive for the crime with which the defendant was charged, providing the officer had sufficiently demonstrated both his own expertise and the basis for his observations.
In giving factual evidence a skilled witness can draw on the general body of knowledge and understanding in which he is skilled, including the work and literature of others, but warned that ‘care must be taken that simple, and not necessarily balanced, anecdotal evidence is not permitted to assume the robe of expertise.’

Judges:

Lord Kerr, Lord Wilson, Lord Hughes, Lord Toulson, Lord Hodge

Citations:

[2015] UKPC 40, [2015] 3 WLR 1145, [2015] WLR(D) 401

Links:

Bailii, WLRD

Jurisdiction:

England and Wales

Cited by:

ApprovedKennedy v Cordia (Services) Llp SC 10-Feb-2016
The appellant care worker fell in snow when visiting the respondent’s client at home. At issue was the admission and status of expert or skilled evidence.
Held: Mrs Kennedy’s appeal succeeded. ‘There are in our view four considerations which . .
Lists of cited by and citing cases may be incomplete.

Criminal Evidence

Updated: 20 May 2022; Ref: scu.553064

Regina v Berry: 1963

The defendant appealed a conviction for the violent stabbing of his ex-girlfriend.
Held: Evidence of past incidents should not be regarded as relevant to prove the state of mind with which a particular act (in that case was done.

Citations:

(1963) 83 Cr App R 7

Citing:

CriticisedRex v Ball HL 1911
Evidence of sexual acts or advances other than those which are the subject of the charge is frequently adduced to show the true nature of the relationship between the parties, a practice which may be regarded as an acceptable and inevitable form of . .

Cited by:

CitedRegina v Beedles CACD 31-Jul-1996
The defendant appealed against his conviction for sexual assault. The issue was whether a note written by the complainant to her teacher was admissible as evidence of recent complaint to corroborate her statement. Similar allegations had been made . .
Lists of cited by and citing cases may be incomplete.

Criminal Evidence

Updated: 19 May 2022; Ref: scu.225389

Regina v Kansal: CACD 24 Jun 1992

K had been convicted of two counts of obtaining property by deception contrary to section 15 of the Theft Act 1968. He was also convicted of two counts under the Insolvency Act 1986, namely that being a bankrupt (a) he removed property which he was required to deliver up to the Official Receiver or his trustee, contrary to section 354(2); and (b) he failed without reasonable excuse to account for the loss of a substantial part of his property or to give a satisfactory explanation of the manner of the loss, contrary to section 354(3). Large sums were involved-he obtained from the Halifax Building Society pounds 150,000 and pounds 116,250 on a false representation as to his income and that he was not bankrupt and that he did not have any judgment or proceedings for debt outstanding. Prior to these advances he was adjudged bankrupt. His wife later collected from his solicitor pounds 104,000 in cash, part of the monies advanced by the Building Society, and took it in a bin liner to India.. 2. At his trial in 1992 the prosecution, using section 433 of the 1986 Act brought evidence of answers given by him under compulsion in his bankruptcy proceedings and the trial judge ruled that these answers were not rendered inadmissible by virtue of section 31 of the Theft Act 1968 but were admissible under section 433.
Held: His appeal failed. There was no bar on a prosecution based upon evidence in the form of admissions which had been provided involuntarily under the Insolvency Act in public hearings in later Theft Act cases. The written record could be used in any later proceedings.
The Insolvency Act 1986 and its Rules not only permitted the examination of the bankrupt to take place but rendered any statement made in the course of that examination admissible in any trial. In those circumstances, with specific legislation directed to this issue, the protection provided under section 31 of the Theft Act 1968 was inapplicable:
‘The privilege from self-incrimination is abrogated in bankruptcy proceedings not by the opening words of section 31 of the Theft Act 1968, but by rule 6.175 of the Insolvency Rules 1986 made pursuant to section 412 of the act of 1986:
‘(1) The bankrupt shall at the hearing be examined on oath; and he shall answer all questions as the court may put, or allow to be put, to him . . (5) The written record may, in any proceedings (whether under the Act or otherwise) be used as evidence against the bankrupt of any statement made by him in the course of his public examination.’
Thereafter section 433 of the Act of 1986 renders the evidence admissible.’

Citations:

Gazette 24-Jun-1992, Gazette 15-Jul-1992, [1992] 3 All ER 844, [1993] QB 244

Statutes:

Theft Act 1968 31, Insolvency Act 1986 433, Insolvency Rules 1986 6.175

Jurisdiction:

England and Wales

Cited by:

CitedClingham (formerly C (a minor)) v Royal Borough of Kensington and Chelsea; Regina v Crown Court at Manchester Ex parte McCann and Others HL 17-Oct-2002
The applicants had been made subject of anti-social behaviour orders. They challenged the basis upon which the orders had been made.
Held: The orders had no identifiable consequences which would make the process a criminal one. Civil standards . .
See AlsoRegina v Kansal, on a Reference From the Criminal Cases Review Commission (2) CACD 24-May-2001
Once a case had been referred to the Court of Appeal by the Criminal Cases Review Commission, the court had to make a declaration, even if the case was very old. The effect of the 1998 Act on statute law was not retrospective, but where it affected . .
See AlsoRegina v Kansal (2) HL 29-Nov-2001
The prosecutor had lead and relied at trial on evidence obtained by compulsory questioning under the 1986 Act.
Held: In doing so the prosecutor was acting to give effect to section 433.
The decision in Lambert to disallow retrospective . .
Lists of cited by and citing cases may be incomplete.

Evidence, Criminal Evidence, Insolvency, Crime

Updated: 19 May 2022; Ref: scu.87029

Regina v Islam: CACD 18 Mar 1998

Evidence of a recent complaint by the complainant in a sexual assault case could not itself corroborate the allegation made by the same person.

Judges:

Buxton LJ, RougierJ, Denison QC CS

Citations:

Times 18-Mar-1998, Gazette 29-Apr-1998, [1998] EWCA Crim 904

Jurisdiction:

England and Wales

Criminal Evidence

Updated: 19 May 2022; Ref: scu.86972

Regina v Central Criminal Court Ex Parte Bright; Regina v Same, Ex Parte Rusbridger: QBD 21 Jul 2000

An order was made for a journalist to disclose to the police material disclosed to him in connection with a prosecution under the Official Secrets Act. The journalist appealed the order, on the basis that it was in effect an order that he incriminate himself. The order had been made in the context of the Act which provided certain safeguards including preconditions and an overriding discretion in the judge, and ‘ it is clear that the judge personally must be satisfied that the statutory requirements have been established. He is not simply asking himself whether the decision of the constable making the application was reasonable, nor whether it would be susceptible to judicial review on Wednesbury grounds.’
Nevertheless, the order was rescinded save with regard to one document. As to conflicting decisions of the European Court: ‘We are not permitted to re-examine decisions of the European Court in order to ascertain whether the conclusion of the House of Lord or Court of Appeal may be inconsistent with those decisions, or susceptible to a continuing gloss. The principle of stare decisis cannot be circumvented or disapplied in this way, and if it were the result would be chaos.’

Judges:

Judge LJ, Maurice Kay J, Gibbs J

Citations:

Gazette 05-Oct-2000, [2001] 1 WLR 662, [2000] UKHRR 796, [2002] Crim LR 64, [2001] EMLR 4, [2001] 2 All ER 244

Links:

Bailii

Statutes:

Police and Criminal Evidence Act 1984 9, Official Secrets Act 1989 5

Citing:

CitedEntick v Carrington KBD 1765
The Property of Every Man is Sacred
The King’s Messengers entered the plaintiff’s house and seized his papers under a warrant issued by the Secretary of State, a government minister.
Held: The common law does not recognise interests of state as a justification for allowing what . .

Cited by:

CitedPrice and others v Leeds City Council CA 16-Mar-2005
The defendant gypsies had moved their caravans onto land belonging to the respondents without planning permission. They appealed an order to leave saying that the order infringed their rights to respect for family life.
Held: There had been . .
CitedFaisaltex Ltd and others, Regina (on the Application of) v Crown Court Sitting at Preston and others etc Admn 21-Nov-2008
Nine claimants sought leave to bring judicial review of the issue of search warrants against solicitors’ and business and other premises, complaining of the seizure of excluded material and of special procedure material. There were suspicions of the . .
CitedBritish Sky Broadcasting Ltd, Regina (on The Application of) v The Central Criminal Court and Another Admn 21-Dec-2011
The claimant challenged a production order made by the magistrates in respect of journalists’ material. They complained that the application had used secret evidence not disclosed to it, and that the judge had not given adequate reasons to support . .
Lists of cited by and citing cases may be incomplete.

Media, Criminal Evidence

Updated: 19 May 2022; Ref: scu.85169

Regina v Cairns: CACD 8 Mar 2000

It might still be proper for the Court of Appeal to admit evidence on an appeal which had not been made available on the trial, even though there appeared no sufficient reason why it had not been presented. Where the evidence was expert evidence which would have been admissible, was capable of belief, and might have based grounds for an appeal, and if the interests of justice and expediency so required, it could be admitted by the appellate court.

Citations:

Times 08-Mar-2000, [2000] EWCA Crim 21

Links:

Bailii

Criminal Evidence, Criminal Practice

Updated: 19 May 2022; Ref: scu.85163

Morgans v Director of Public Prosecutions: HL 18 Feb 2000

Without a warrant, the police had arranged for a call logger to retain details of the calls made, including the number called, time and duration. The dialing itself was a communication, which established a connection, through which further communication took place.
Held: Intercepts of telephone calls, including call logs, are inadmissible unless they have been carried out had been for one of the purposes referred to in clause 1(3) of the Act. The production of evidence, without it being challenged as to its provenance, could not have been intended.

Judges:

Lord Nicholls of Birkenhead Lord Mackay of Clashfern Lord Steyn Lord Hope of Craighead Lord Clyde

Citations:

Times 18-Feb-2000, Gazette 02-Mar-2000, [2000] UKHL 9, [2000] 2 All ER 522, [2000] 2 WLR 386, [2000] Crim LR 576, [2001] 1 AC 315

Links:

House of Lords, Bailii

Statutes:

Interception of Communications Act 1985

Jurisdiction:

England and Wales

Citing:

OverruledRegina v Effik; Same v Micthell CACD 23-Mar-1992
The police had unlawfully intercepted telephone calls made by the defendant.
Held: The evidence had been properly admitted notwithstanding its unlawful origins. . .
CitedRegina v Preston, Preston, Clarke Etc HL 5-Nov-1993
Telephone tapping evidence consisting of tapping records are to be destroyed after their use for the purpose obtained, but a prosecution was not within that purpose. The underlying purpose of the 1985 Act is to protect information as to the . .
Appeal fromMorgans v Director of Public Prosecutions QBD 29-Dec-1998
The defendant argued that once the prosecutor had all the material on which the prosecution was eventually brought, then for the purposes of section 11(2) time began to run.
Held: When considering the time limits for a prosecution under the . .

Cited by:

CitedRegina v Allan, Bunting and Boodhoo CACD 6-Apr-2001
The authorities intercepted telephone conversations on card phones used by prisoners with people outside the prison. Was the intercepted material admissible? Was it a ‘communication in the course of its transmission . . by means of a public . .
CitedW, Regina v (Attorney General’s reference no 5 of 2002) CACD 12-Jun-2003
Three serving police officers provided confidential information to a known criminal. The Chief Constable authorised interception of telephones at a police station, a private network. The court accepted that section 17 prevented the defence asserting . .
CitedAttorney General’s Reference (No 5 of 2002) HL 14-Oct-2004
The Attorney General sought the correct interpretation of section 17 where a court was asked as to whether evidence obtained from a telephone tapping had been taken from a public or private network. A chief constable suspected that the defendants, . .
CitedRegina v Sargent HL 25-Oct-2001
When a telephone engineer used his position to make unauthorised telephone intercepts, and produced apparent evidence of criminal activity, he was, under the Act, a person engaged in providing a public communications system, and the recordings were . .
CitedRegina v P and others HL 19-Dec-2000
Where communications had been intercepted in a foreign country, and the manner of such interceptions had been lawful in that country, the evidence produced was admissible in evidence in a trial in England. An admission of such evidence was not an . .
CitedLamont-Perkins v Royal Society for The Prevention of Cruelty To Animals (RSPCA) Admn 24-Apr-2012
The defendant had been convicted of animal cruelty. She appealed to the Crown Court, and now appealed against rulings made by the judge as to the time limits for a prosecution under the 2006 Act in the Magistrates Court. She said that the RSPCA . .
Lists of cited by and citing cases may be incomplete.

Criminal Evidence, Human Rights

Updated: 19 May 2022; Ref: scu.83835

Director of Public Prosecutions v Spurrier: QBD 21 Jul 1999

It was not absolutely necessary for a defendant who asserted that a Lion Intoximeter was faulty because of a disparity between the reading and what had been drunk, to bring expert evidence to rebut the statutory presumption that the Intoximeter was in working order. A court could reach such a conclusion without such evidence, but should be careful to examine all relevant aspects of the evidence.
The prosecutor appealed against dismissal of a charge under section 5. The magistrates heard that the reading was exceptionally high, but that the police had not noticed any effect on her demeanour and it had been twelve hours since she had consumed any alcohol.
Held: The case bumped up against the limits for magistrates to act without expert evidence, but the appeal failed. Their decision was not perverse. It was not absolutely necessary for a defendant who asserted that a Lion Intoximeter was faulty because of a disparity between the reading and what had been drunk, to bring expert evidence to rebut the statutory presumption that the Intoximeter was in working order. A court could reach such a conclusion without such evidence, but should be careful to examine all relevant aspects of the evidence.

Citations:

Gazette 27-Oct-1999, Times 12-Aug-1999, [1999] EWHC Admin 721

Links:

Bailii

Statutes:

Road Traffic Act 1988 5(1)

Citing:

CitedCracknell v Willis HL 1988
The evidence which is admissible on a challenge to the reliability of an intoximeter device is not limited to direct evidence of the unreliability of the breath testing device, but can be based on evidence such as the level of consumption, and the . .
CitedDirector of Public Prosecutions v Hill 1991
dpp_hill1991
The prosecutor appealed against dismissal of a summons alleging that the driver had driven with excess alcohol. The magistrates had concluded that the intoximeter must have been faulty.
Held: The conclusion that the device was unreliable was . .
Lists of cited by and citing cases may be incomplete.

Criminal Evidence, Road Traffic

Updated: 19 May 2022; Ref: scu.80049

D v Director of Public Prosecutions: QBD 7 Aug 1998

A failure to provide an identification parade need not be fatal to prosecution where there had been sufficient informal identification of the defendant by reference to clothing and approximate age.

Citations:

Times 07-Aug-1998

Statutes:

Police and Criminal Evidence Act 1984 Code of Practice Code D para 2.3

Criminal Evidence

Updated: 19 May 2022; Ref: scu.79762

Regina v Marylebone Magistrates Court ex parte Andrew Clingham: Admn 20 Feb 2001

The council received a report by a housing trust about the behaviour of the defendant, then aged 16, who lived on an estate within the Borough, and after investigating applied for an anti-social behaviour order. Some witness statements contained first hand evidence, but the application was primarily based on hearsay evidence contained in records of complaints received by the trust and in police crime reports with from allegations of verbal abuse and serious criminal activities including assault, burglary, criminal damage and drug dealing dating from April 1998 to December 2000. Hearsay evidence was served under the 1999 rules. The defendant said the proceedings were criminal.
Held: Hearsay evidence is admissible on an application for an anti-social behaviour order. There is nothing in the jurisdiction of Human Rights to make such evidence inadmissible in civil proceedings, and its admission would not automatically make a criminal trial unfair. The weight to be attached to such evidence must vary according to the circumstances, and the magistrates could sensibly look at the Civil Evidence Act considerations. Such evidence alone might be insufficient for an order, but it should have some weight in most proceedings.
The council sought an anti-social behaviour order against the applicant. He challenged the admission against him of hearsay evidence.

Judges:

Schiemann LJ, Poole J

Citations:

Times 20-Feb-2001, [2001] EWHC Admin 582

Links:

Bailii

Statutes:

Magistrates Courts (Hearsay Evidence in Civil Proceedings) Rules 1999 681, Crime and Disorder Act 1998 1, Civil Evidence Act 1995 1 9(2), Human Rights Act 1998 3

Citing:

Appealed toClingham (formerly C (a minor)) v Royal Borough of Kensington and Chelsea; Regina v Crown Court at Manchester Ex parte McCann and Others HL 17-Oct-2002
The applicants had been made subject of anti-social behaviour orders. They challenged the basis upon which the orders had been made.
Held: The orders had no identifiable consequences which would make the process a criminal one. Civil standards . .

Cited by:

Appeal fromClingham (formerly C (a minor)) v Royal Borough of Kensington and Chelsea; Regina v Crown Court at Manchester Ex parte McCann and Others HL 17-Oct-2002
The applicants had been made subject of anti-social behaviour orders. They challenged the basis upon which the orders had been made.
Held: The orders had no identifiable consequences which would make the process a criminal one. Civil standards . .
Lists of cited by and citing cases may be incomplete.

Criminal Evidence, Human Rights, Magistrates, Evidence

Updated: 19 May 2022; Ref: scu.79228

Chan Wai-Keung v The Queen: PC 10 Jan 1994

(Hong Kong) Evidence from a witness who was awaiting sentence in an unrelated matter was admissible since the jury had been warned of the dangers of such evidence. Lord Mustill said: ‘Once the courts have taken the large step, as they undoubtedly have, of recognising that circumstances may justify the calling of a witness who stands to gain by giving false evidence, it becomes impossible to say that what happened in the present case was necessarily contrary to the proper conduct of the murder trial. What was required was that the potential fallibility of [the witness] should be put squarely before the jury, and this is what was done.’
Evidence from a convict looking for a reduced sentence was admissible with an appropriate warning.

Judges:

Lord Mustill

Citations:

Times 21-Dec-1994, Independent 10-Jan-1994, [1995] 2 Cr App R 194, [1994] UKPC 47

Links:

Bailii

Cited by:

CitedGibson, Regina v CACD 11-Jan-2006
The defendant renewed has application for leave to appeal against his conviction for the murder of his daughter-in-law. The principle evidence against him was that of an accomplice. She had received letters to say that no further action would be . .
Lists of cited by and citing cases may be incomplete.

Criminal Practice, Criminal Evidence, Commonwealth, Commonwealth

Updated: 19 May 2022; Ref: scu.78971

Attorney General’s Reference No 3 of 2000: CACD 27 Jun 2001

The test of whether the behaviour of undercover police officers in instigating offending by the defendant crossed the line, so as to justify exclusion of their evidence, remains that the court must look at the extent of freedom of choice left to the defendant, and the propriety or otherwise of the officer’s actions. Did the officer, whether by active or passive means, do more than to afford to the defendant the opportunity to offend? Here the judge had also been wrong to exclude evidence of the defendant’s past behaviour where it’s nature was of direct relevance to the offence in question.

Citations:

Times 27-Jun-2001, [2001] EWCA Crim 1214, [2001] EWCA Crim 1214

Links:

Bailii

Citing:

CitedPractice Direction on the Citation of Authorities LCJ 9-Apr-2001
The court laid down rules for restricting the citation of authorities, which rules are to be applied in all courts except criminal courts. The increase in the number of judgments series being available had come to be problematic for all involved, . .
Lists of cited by and citing cases may be incomplete.

Criminal Evidence

Updated: 18 May 2022; Ref: scu.78020

Regina v Fitzgerald: CACD 2006

The admission of evidence on appeal of a previous conviction may amount to a new basis for conviction, i.e. the propensity of the Appellant to commit offences of this type: ‘While this court can receive fresh evidence from the Crown, not only in rebuttal of the appellant’s fresh evidence but also to demonstrate the safety of the conviction generally (see Hanratty [2002] EWCA Crim 1141; [2002] 3 All ER 534), it is not open to the Crown to seek to put in fresh evidence so as to enable it to advance an entirely new basis for a conviction which was never put before the jury. That would require this court to act as if it were the jury and would run counter to the House of Lords’ decision in Pendleton [2001] UKHL 66; [2002] 1 WLR 72, where it was said by Lord Bingham of Cornhill that the Court of Appeal ‘is not and should never become the primary decision-maker. ‘

Citations:

[2006] EWCA Crim 1655

Jurisdiction:

England and Wales

Cited by:

CitedS and Others v Regina CACD 28-Jun-2012
Four defendants appealed against convictions for child sex abuse. The convictions had taken place at a time when current guidance to examining physicians did not apply. In each case the defendants consented to new evidence from the prosecution.
Lists of cited by and citing cases may be incomplete.

Criminal Evidence

Updated: 18 May 2022; Ref: scu.568159

Scott v Baker: 1968

The 1967 Act introduced the offence of driving with excess alcohol. The power to require a suspect to provide a laboratory blood or urine sample, by which blood alcohol could be tested, was made dependent upon a complex step-by-step procedure. The first step in that procedure was the taking of a preliminary (usually roadside) ‘breath test’. By section 7, a ‘breath test’ was defined as one carried out using a device approved by the Secretary of State.
Held: Such approval was essential to the statutory steps leading to a validly required laboratory sample, and that approval must be proved. The maxim ‘omnia praesumuntur rite esse acta’ cannot be relied upon to prove the existence of facts central to an offence.

Citations:

[1969] 1 QB 659, [1968] 2 All ER 993, [1968] 3 WLR 796

Statutes:

Road Safety Act 1967 7

Cited by:

DistinguishedPublic Prosecution Service v McKee SC 22-May-2013
Non-approval didn’t devalue fingerprints
The court was asked: ‘what are the statutory consequences if the fingerprints of a defendant have been taken in a police station in Northern Ireland by an electronic device for which the legislation required approval from the Secretary of State, . .
Lists of cited by and citing cases may be incomplete.

Criminal Evidence

Updated: 18 May 2022; Ref: scu.519001

Rex v Steptoe: 29 Oct 1830

The defendant was found with the carcass of a stolen ram in his bed. When tasked, he said that his brother had brought it.
Held: Park J summing up said that even thought the exculpatory statement had been led by the prosecutor that was not enough to amount to exculpation: ‘You are to take what he says all together. You are not bound to take the exculpatory part as true, merely because it is given in evidence; but you will say, looking at the whole case, whether you think the prisoner’s statement consistent with the other evidence, and whether you believe that it is really true.’ Verdict: Not Guilty

Citations:

[1830] EngR 801, (1830) 4 Car and P 397, (1830) 172 ER 756 (A)

Links:

Commonlii

Jurisdiction:

England and Wales

Criminal Evidence

Updated: 18 May 2022; Ref: scu.321681

Regina v Hanton: CACD 2005

The court set out the test for whether a video recording of an interview was admissible: ‘Could a reasonable jury properly directed be sure that the witness has given a credible and accurate account on the video tape, notwithstanding any breaches? If ‘Yes’, it was a matter for the jury. If ‘No’ the interview would be inadmissible.’

Citations:

[2005] EWCA Crim 2009

Jurisdiction:

England and Wales

Cited by:

CitedRegina v K (Evidence: Child video interview) CACD 10-Mar-2006
The defendant appealed admission into evidence against him of a video recording of if the child complainant.
Held: The admissibility of such a recording as evidence of indecent assault rested primarily on whether a jury could be sure that the . .
Lists of cited by and citing cases may be incomplete.

Criminal Evidence

Updated: 17 May 2022; Ref: scu.240399

Thompson v Director of Public Prosecutions: HL 1918

The defendant was charged with gross indecency against boys. The defendant denied that he was the offender. Evidence was admitted that on arrest the defendant was in possession of powder puffs and that a search of his rooms uncovered indecent photographs of boys.
Held: The evidence was admissible on the issue of the identity of the offender.
Lord Sumner stated that while proof of guilt of a particular crime does not arise from proof of a general disposition to commit that crime, evidence was admissible to prove guilty knowledge or intent or a system or to rebut an appearance of innocence. However, the prosecution may not credit the accused with fancy defences in order to rebut them at the outset with some damning piece of prejudice.

Judges:

Lord Sumner

Citations:

[1918] AC 221, (1918) 13 Cr App R 61

Jurisdiction:

England and Wales

Cited by:

CitedRegina v Straffen CCA 20-Aug-1952
The defendant had been arrested for murders of young girls, but after being found unfit to plead, he was committed to Broadmoor. While he escaped another girl was murdered, and he was charged. The prosecutor sought to bring in evidence of admissions . .
CitedRegina v Wright and Ormerod CACD 1990
The defendants were charged with indecent assault on a child of 5, who said that the defendants had hurt her in the back and said naughty things to her. The Judge also admitted evidence from the child’s mother of the complaint the child had made to . .
Lists of cited by and citing cases may be incomplete.

Criminal Evidence

Updated: 16 May 2022; Ref: scu.214193

Regina v Levin: CACD 29 Jan 2004

The defendant appealed against a confiscation order, challenging the standard of proof applied by the judge.
Held: The judge was entitled to include in his consideration, the evidence given at the trial as well as that on the confiscation application. He was to apply the civil standard of proof. That power was in 71(7A), which was a clear change by Parliament. The civil standard now applies, the court may make far-reaching assumptions; could require information from a defendant and draw inferences from any failure to reply, and rely on evidence from the trial and information properly obtained bfore the trial.

Judges:

Rose LJ, Poole, Davis JJ

Citations:

Times 20-Feb-2004

Statutes:

Criminal Justice Act 1988 71(7A) Part IV

Jurisdiction:

England and Wales

Citing:

CitedRegina v Dickens CACD 11-Apr-1990
The defendant had been convicted of conspiring to import cannabis, and made subject inter alia to a confiscation order.
Held: ‘ the object of the Act is to ensure, so far as is possible, that the convicted drug trafficker is parted from the . .
CitedRegina v Rose CACD 17-Feb-1993
A judge must follow the Regina v Dickens guidelines when making a drugs confiscation order. Alliott J said: ‘We agree that if admissible evidence satisfies a judge so that he is sure that any given sum is a benefit, then there is no need for him to . .
CitedRegina v Chrastny (No 2) CACD 14-Mar-1991
The defendant was the only one of several defendants convicted of involvement in a drugs case. He appealed a confiscation order under which he carried the entire weight of the confiscation order.
Held: The order was correct provided that the . .
CitedPhillips v United Kingdom ECHR 5-Jul-2001
Having been convicted of drug trafficking, an application was made for a confiscation under the 1994 Act. On the civil balance of proof, and applying the assumptions under the Act, an order was made. The applicant claimed that his article 6 rights . .
CitedMcintosh v Her Majesty’s Advocate HCJ 14-Feb-2003
Confiscation proceedings are part of the sentencing process, and do not constitute a separate criminal charge. . .
Lists of cited by and citing cases may be incomplete.

Criminal Evidence

Updated: 16 May 2022; Ref: scu.193765

Regina v Miller: 1952

The fact that a defendant has previous convictions is not normally relevant: ‘The fundamental principle, equally applicable to any question that is asked by the defence as to any question that is asked by the prosecution, is that it is not normally relevant to inquire into a prisoner’s previous character, and, particularly, to ask questions which tend to show that he has previously committed some criminal offence. It is not relevant because the fact that he has committed an offence on one occasion does not in any way show that he is likely to commit an offence on any subsequent occasion. Accordingly, such questions are, in general, inadmissible, not primarily for the reason that they are prejudicial, but because they are irrelevant.’
As to the possibility of separate trials for conspirators: ‘The cases must be rare in which fellow conspirators can properly in the interests of justice be granted a separate trial.’ There is a considerable risk with separate trials in such circumstances and on such a charge that the jurors would each hear a very different account of events from the defendants they were trying with a distinct possibility of a miscarriage of justice.

Judges:

Devlin J

Citations:

[1952] 36 Cr App R 169

Jurisdiction:

England and Wales

Cited by:

CitedRegina v Randall (EP) CACD 21-Feb-2003
The defendant had been a co-accused on a charge of murder. He appealed saying the judge had incorrectly directed the jury on the relevance of his co-accused’s previous convictions for violence.
Held: The appeal was allowed. He should have been . .
CitedRegina v Thompson and others CACD 1995
The court considered the circumstances under which an accused could call in aid the convictions of a co-defendant:
Held: It was fundamental that it is not normally relevant to enquire into a defendant’s previous character or to ask questions . .
CitedRegina v Randall HL 18-Dec-2003
Two defendants accused of murder each sought to place blame for the victim’s death on the other. One sought to rely upon the other’s record of violence as evidence of his co-accused’s propensity to violence.
Held: The record was admissible. By . .
CitedRegina v Cairns; Regina v Zaldi, Regina v Chaudary CACD 22-Nov-2002
The defendants applied for the defence statements of co-defendants to be disclosed. A co-defendant was to give evidence for the Crown, and they sought to have it excluded as unreliable.
Held: The 1996 Act created a duty of secondary . .
Lists of cited by and citing cases may be incomplete.

Criminal Practice, Criminal Evidence

Updated: 16 May 2022; Ref: scu.189884

Regina v Weekes: 1988

Citations:

[1988] Crim LR 244

Jurisdiction:

England and Wales

Cited by:

CitedRegina v Ali CACD 14-Nov-2003
The defendant appealed conviction and sentence for sexual assaults on young girls. He complained that the prosecution had been allowed to bring in evidence of previous consistent statements.
Held: The evidence of the mother had been admitted . .
Lists of cited by and citing cases may be incomplete.

Criminal Evidence

Updated: 16 May 2022; Ref: scu.187963

Regina v Hill: CACD 1993

The court was asked whether the prosecution had established that the substance involved in the case was the drug mentioned in the charge.
Held: Waterhouse J stated: ‘ . . the prosecution must establish the identity of the drug that is the subject of the charge with sufficient certainty to achieve the standard of proof required in a criminal case.’

Judges:

Waterhouse J

Citations:

(1993) 96 Cr App R 456

Jurisdiction:

England and Wales

Cited by:

CitedCastle v Director of Public Prosecutions Admn 12-Mar-1998
Appeal by case stated from conviction of possession of firearms (air rifles) within five years of release from prison. The court was asked as to whether they were ‘lethal’
Held: The appeal failed: ‘ the Justices were entitled to reach the . .
Lists of cited by and citing cases may be incomplete.

Criminal Evidence

Updated: 16 May 2022; Ref: scu.608657

Regina v Hayes: CACD 2004

The court was asked to consider whether a letter written by the appellant’s solicitor admitting the appellant had inflicted injury could be admitted as a previous inconsistent statement at the trial when he denied causing the injury.
Held: It had been admitted properly. The appellant’s solicitor was his agent and had ostensible authority to write a letter; no competent solicitor would have written such a letter without instructions to do so. The letter was therefore in principle admissible, subject to considerations under section 78.

Citations:

[2004] EWCA Crim 2844, [2005] 1 Cr App R 33

Statutes:

Police and Criminal Evidence Act 194 878

Jurisdiction:

England and Wales

Cited by:

CitedNewell, Regina v CACD 30-Mar-2012
The appellant challenged the introduction in evidence of a previous inconsistent statement lodged on his behalf by counsel on a Plea and Case Management Form at a directions hearing.
Held: The appeal was allowed. An advocate plainly has . .
Lists of cited by and citing cases may be incomplete.

Criminal Evidence

Updated: 15 May 2022; Ref: scu.452400

Jones v Metcalfe: QBD 1967

A witness saw a lorry involved in an incident and noted its registration number. He then gave the number to a policeman who had not seen the lorry.
Held: The evidence by the policeman of his note of the lorry’s number plate was inadmissible hearsay. Diplock LJ said: ‘The hearsay rule has little to do with common sense.’

Judges:

Diplock LJ

Citations:

[1967] 1 WLR 1286, [1967] 3 All ER 205

Cited by:

CitedChinn, Regina v CACD 15-Mar-2012
The defendant appealed against his conviction for a serious assault. He argued that the prosecution should not have been allowed to introduce parts of a witness’ statement where the witness could not remember the underlying events directly.
CitedChinn, Regina v CACD 15-Mar-2012
The defendant appealed against his conviction for a serious assault. He argued that the prosecution should not have been allowed to introduce parts of a witness’ statement where the witness could not remember the underlying events directly.
Lists of cited by and citing cases may be incomplete.

Criminal Evidence

Updated: 15 May 2022; Ref: scu.452168

Rex v White: 1926

(British Colombia) Evidence regarding a tracker dog was held inadmissible.

Citations:

(1926) 5 DLR 2

Citing:

CitedRex v Trupedo 1920
(South Africa) Evidence concerning the activity of a tracker dog was not admissible. Innes CJ said: ‘We have no scientific or accurate knowledge as to the faculty by which dogs of certain breeds are said to be able to follow the scent of one human . .

Cited by:

CitedRegina v Pieterson; Regina v H CACD 8-Nov-1994
The defendants appealed against their convictions for robbery. A dog had been used to follow scents from the scene, picking up items taken in the raid. The defendants objected to admission of evidence of the dog’s activities and reliability.
Lists of cited by and citing cases may be incomplete.

Commonwealth, Criminal Evidence

Updated: 15 May 2022; Ref: scu.452349

Rex v Voisin: 1918

The defendant stood charged with the murder of a woman, part of whose body was found in a parcel along with a handwritten note bearing the words ‘Bladie Belgiam’. The defendant, who had not yet been cautioned, was asked by the police to write the words ‘Bloody Belgian’, which he did. He made exactly the same misspelling as had the writer of the note. The handwriting was admitted in evidence.
Held: His appeal failed. It did not make any difference to the admissibility of the handwriting whether it was written voluntarily or under compulsion. Where it is alleged that a statement has been obtained in breach of the Judges’ Rules, the court has a discretion to admit or reject such evidence.
Lawrence J spoke of the Judges’ Rules: ‘These Rules have not the force of law; they are administrative directions the observance of which the police authorities should enforce upon their subordinates as tending to the fair administration of justice. It is important that they should do so, for statements obtained from prisoners contrary to the spirit of these Rules may be rejected as evidence by the judge presiding at the trial.’

Judges:

Lawrence J, Lush J

Citations:

[1918] 1 KB 531, [1918-19] All ER 491

Jurisdiction:

England and Wales

Cited by:

CitedRegina v Nottle CACD 25-Feb-2004
The defendant appealed against his conviction for criminal damage. He had been accused of scratching an obscene message on a car. In doing so the person had misspelled the car owner’s name. When asked to write out the message, on interview the . .
Lists of cited by and citing cases may be incomplete.

Criminal Evidence

Updated: 15 May 2022; Ref: scu.448371

Regina v Johanssen: CACD 1978

Citations:

[1978] CLY 495

Jurisdiction:

England and Wales

Cited by:

FollowedRegina v H (Evidence: Corroboration); Regina v Hepburn CACD 2-Mar-1994
The defendant appealed his conviction for indecent assault on his daughter and stepdaughter. The prosecution relied upon the allegatins as similar fact evidence. The complainants denied collaboration and concoction.
Held: The jury should . .
Lists of cited by and citing cases may be incomplete.

Criminal Evidence

Updated: 14 May 2022; Ref: scu.241635

Henriques v The Queen: PC 1991

Citations:

[1991] 1 WLR 242

Cited by:

CitedGrant v The Queen PC 16-Jan-2006
(Jamaica) The defendant appealed his conviction for murder saying that the admission of an unsworn statement by one witness and the non-admission of another similar statement who did not either attend court was unconstitutional. He shot the victim . .
Lists of cited by and citing cases may be incomplete.

Criminal Evidence

Updated: 14 May 2022; Ref: scu.242108

Rex v Twiss: 1918

Citations:

(1918) 13 Cr App R 177

Jurisdiction:

England and Wales

Cited by:

CitedRegina v Wright and Ormerod CACD 1990
The defendants were charged with indecent assault on a child of 5, who said that the defendants had hurt her in the back and said naughty things to her. The Judge also admitted evidence from the child’s mother of the complaint the child had made to . .
Lists of cited by and citing cases may be incomplete.

Criminal Evidence

Updated: 14 May 2022; Ref: scu.241276

Rex v Bond: 1906

The court considered the rule excluding evidence of the defendant’s bad character. Kennedy J said: ‘The general rule cannot be applied where the facts which constitute distinct offences are at the same time part of the transaction which is the subject of the indictment. Evidence is necessarily admissible as to acts which are so closely and inextricably mixed up with the history of the guilty act itself as to form part of one chain of relevant circumstances, and so could not be excluded in the presentation of the case before the jury without the evidence being thereby rendered unintelligible.’ The court gave examples of trials for murder or wounding, where evidence is given to show prior assaults by the accused on the victim, or menaces or threats uttered to him.

Judges:

Kennedy J

Citations:

[1906] 2 KB 389

Jurisdiction:

England and Wales

Cited by:

CitedRegina v Beedles CACD 31-Jul-1996
The defendant appealed against his conviction for sexual assault. The issue was whether a note written by the complainant to her teacher was admissible as evidence of recent complaint to corroborate her statement. Similar allegations had been made . .
CitedRegina v Wright and Ormerod CACD 1990
The defendants were charged with indecent assault on a child of 5, who said that the defendants had hurt her in the back and said naughty things to her. The Judge also admitted evidence from the child’s mother of the complaint the child had made to . .
Lists of cited by and citing cases may be incomplete.

Criminal Evidence

Updated: 13 May 2022; Ref: scu.225388

Regina v Stamford: 1972

The test of whether an article is indecent is an objective one. Words such as ‘insulting’, ‘serious’ or ‘obscene’, involve value judgments of which jurors are the arbiters par excellence without expert evidence.

Citations:

[1972] 2 QB 391

Jurisdiction:

England and Wales

Cited by:

CitedRegina v Collier CACD 11-Jun-2004
The defendant appealed a conviction of possession of indecent pseudo-photographs of children. He said that he had not seen the image, and that though he had reason to know the images were indecent, he had no reason to know that they were of . .
Lists of cited by and citing cases may be incomplete.

Criminal Evidence

Updated: 13 May 2022; Ref: scu.198719

Regina v Nazif: 1987

(New Zealand Court of Appeal) The complainant gave evidence of an indecent assault, whereas the evidence given of the complaint was of an assault; Somers J dealt with the issue (which was one among several) very shortly: ‘The third question arises from the fact that the witness of the complaint, Miss Reidy, gave no evidence that the prosecutrix had told her that she had been indecently assaulted; merely that she had been assaulted. It was submitted that evidence by way of a complaint was not admissible unless the complaint made referred in some way to its indecent character: The submission has little logic to support it. The purpose of the admission of evidence of complaint being to show consistency of the conduct of the prosecutrix with the evidence she has given as to what occurred; a simple complaint of assault made by her made proximately to the event must surely be capable of evidencing consistency. Whether it does so in fact will be a matter for the jury.’

Citations:

[1987] 2 NZLR 122

Cited by:

CitedSpooner, Eric Charles v Regina; (Evidence: Sex abuse) CACD 25-May-2004
The defendant appealed his convictions for child sex abuse, involving assault, rape and buggery, saying that evidence of a recent complaint by a schoolgirl friend of the complainant which was not consistent with other evidence of the complainant . .
Lists of cited by and citing cases may be incomplete.

Criminal Evidence, Commonwealth

Updated: 13 May 2022; Ref: scu.198137

Regina v Horne: CACD 1990

The victim had been ‘glassed’ in a restaurant. Tne defendant was brought before the victim who immediately identified him as the assailant. He made no answer.
Held: The judge was correct to direct the jury to take the defendant’s silence in the face of an accusation into account. Whether any reply might be expected in the circumstances was one of fact for the jury.

Citations:

[1990] Crim LR 188

Jurisdiction:

England and Wales

Citing:

CitedRex v Christie HL 1914
The House considered the admissibility in evidence of a false statement made in the defendant’s presence, but uncontradicted by him: ‘the rule of law undoubtedly is that a statement made in the presence of an accused person, even on an occasion . .
CitedRegina v Chandler CACD 1975
The defendant had refused to comment on allegations put to him when interviewed by the police. His solicitor was present.
Held: After quoting Hall, the court commented: ‘We have reservations about these two statements of law because they seem . .

Cited by:

CitedCollins and Keep v Regina CACD 28-Jan-2004
When arrested with a co-defendant, C had said nothing as his co-defendant gave a false explanation. He now appealed his conviction saying that the judge had left with the jury the question of whether he was adopting that lie by his own silence.
Lists of cited by and citing cases may be incomplete.

Criminal Evidence

Updated: 13 May 2022; Ref: scu.192726

Regina v Mitchell: 1892

The court gave the following direction to the jury as to the way in which they should treat the response of the accused to an accusation made in his presence: ‘Now the whole admissibility of statements of this kind rests upon the consideration that if a charge is made against a person in that person’s presence, it is reasonable to expect that he or she will immediately deny it, and that the absence of such a denial is some evidence of an admission on the part of the person charged, and of the truth of the charge. Undoubtedly when persons are speaking on equal terms and a charge is made, and a person says nothing, and expresses no indignation and does nothing to repel the charge, that is some evidence to show that he admits the charge to be true.’

Judges:

Cave J

Citations:

(1892) 17 Cox CC 503

Jurisdiction:

England and Wales

Cited by:

CitedCollins and Keep v Regina CACD 28-Jan-2004
When arrested with a co-defendant, C had said nothing as his co-defendant gave a false explanation. He now appealed his conviction saying that the judge had left with the jury the question of whether he was adopting that lie by his own silence.
AppliedParkes v Regina PC 1976
The court considered whether to admit as evidence against the accused his response to an accusation made by the victim’s mother when no police officer was present and to which the defendant had reacted by threatening her. . .
Lists of cited by and citing cases may be incomplete.

Criminal Evidence

Updated: 13 May 2022; Ref: scu.192657

Parkes v Regina: PC 1976

The court considered whether to admit as evidence against the accused his response to an accusation made by the victim’s mother when no police officer was present and to which the defendant had reacted by threatening her.

Judges:

Lord Diplock

Citations:

(1976) 64 Cr App R 25

Jurisdiction:

England and Wales

Citing:

AppliedRegina v Mitchell 1892
The court gave the following direction to the jury as to the way in which they should treat the response of the accused to an accusation made in his presence: ‘Now the whole admissibility of statements of this kind rests upon the consideration that . .

Cited by:

CitedCollins and Keep v Regina CACD 28-Jan-2004
When arrested with a co-defendant, C had said nothing as his co-defendant gave a false explanation. He now appealed his conviction saying that the judge had left with the jury the question of whether he was adopting that lie by his own silence.
Lists of cited by and citing cases may be incomplete.

Criminal Evidence

Updated: 13 May 2022; Ref: scu.192656

Director of Public Prosecutions v Hester: CACD 1972

Citations:

[1972] CLY 631

Jurisdiction:

England and Wales

Cited by:

AppliedRegina v Bagshaw, Holmes and Starkey CA 1984
The defendants were nurses at a mental hospital, charged with assaulting their patients. They complained that the judge had not given the full direction as to the dangers of relying upon the uncorroborated evidence of of unreliable witnesses, they . .
FollowedRegina v H (Evidence: Corroboration); Regina v Hepburn CACD 2-Mar-1994
The defendant appealed his conviction for indecent assault on his daughter and stepdaughter. The prosecution relied upon the allegatins as similar fact evidence. The complainants denied collaboration and concoction.
Held: The jury should . .
Lists of cited by and citing cases may be incomplete.

Criminal Evidence

Updated: 13 May 2022; Ref: scu.191977

Fox v Chief Constable of Gwent: HL 1986

The driver left an accident. The police entered his home unlawfully, and on his refusal to supply a breath test, he was arrested and charged with faiing to supply.
Held: A lawful arrest is not an essential requirement before a breath test, and there was no general principle that there could be no conviction under section 6(1) if the evidence by which it was sought to prove the offence had been obtained unlawfully; On the true construction of section 10(2), the admissibility of a specimen of breath, blood or urine in proceedings for an offence under sections 5 or 6 depends on the procedure prescribed by the new section 8 for obtaining such a specimen having been correctly followed.
Lord Fraser of Tullybelton stated: ‘It is a well established rule of English law, which was recognised in Reg. v. Sang, that (apart from confessions as to which special considerations apply) any evidence which is relevant is admissible even if it has been obtained illegally.’

Judges:

Lord Bridge, Lord Fraser of Tullybelton

Citations:

[1986] 1 AC 281, [1985] 3 All ER 392, [1985] 1 WLR 1126, [1985] RTR 337, [1986] Crim LR 59, (1985) 82 Cr App R 105, (1985) 150 JP 97

Statutes:

Road Traffic Act 1972 8(6) 10(2)

Jurisdiction:

England and Wales

Citing:

ApprovedHoward v Hallett QBD 1984
The police adduced in evidence against the defendant the analysis of a specimen of breath which was not the specimen required under the Act.
Held: The evidence of the analysis of the specimen relied on by the police was inadmissible in . .
CitedRegina v Sang HL 25-Jul-1979
The defendant appealed against an unsuccessful application to exclude evidence where it was claimed there had been incitement by an agent provocateur.
Held: The appeal failed. There is no defence of entrapment in English law. All evidence . .

Cited by:

CitedRussell v Devine (On Appeal from the Court of Appeal Northern Ireland) HL 8-May-2003
The House was asked whether a specimen of blood required under the regulations, having been requested at a hospital or health centre had to be taken there.
Held: The health centre was not a hospital within the regulations. However the request . .
CitedWright v Director of Public Prosecutions Admn 25-May-2005
The defendant appealed his conviction for driving with excess alcohol. He complained that the device used to measure his breath at the police station, the EC/IR intoximeter, was not an approved device. The court had refused to accept evidence to . .
CitedRegina v Sargent HL 25-Oct-2001
When a telephone engineer used his position to make unauthorised telephone intercepts, and produced apparent evidence of criminal activity, he was, under the Act, a person engaged in providing a public communications system, and the recordings were . .
CitedSmith v Director of Public Prosecutions Admn 30-Jan-2007
The defendant appealed his conviction for driving with excess alcohol, arguing that the prosecution had failed to provide the roadside breath test figures.
Held: The appeal failed, and was indeed hopeless. Pill LJ said: ‘The specimens of . .
CitedAttorney General’s Reference No. 3 of 1999 HL 14-Dec-2000
An horrific rape had taken place. The defendant was arrested on a separate matter, tried and acquitted. He was tried under a false ID. His DNA sample should have been destroyed but wasn’t. Had his identity been known, his DNA could have been kept . .
CitedKohler v Director of Public Prosecutions Admn 9-Jul-2010
The driver appealed against her conviction for driving with excess alcohol. She said that she had not been given the protection provided under section 9 against being required to provide a specimen whilst under the care of a doctor at hospital.
CitedCrown Prosecution Service, Regina (on The Application of) v Wolverhampton Magistrates’ Court Admn 27-Nov-2009
The Service appealed by case stated against the dismissal of a charge of driving with excess alcohol. The arresting officer had not administered the roadside breath test not having one with him, and had not been trained to make the necessary . .
CitedPublic Prosecution Service v McKee SC 22-May-2013
Non-approval didn’t devalue fingerprints
The court was asked: ‘what are the statutory consequences if the fingerprints of a defendant have been taken in a police station in Northern Ireland by an electronic device for which the legislation required approval from the Secretary of State, . .
Lists of cited by and citing cases may be incomplete.

Road Traffic, Criminal Evidence

Updated: 12 May 2022; Ref: scu.182097

Regina v Fenton: CACD 23 Apr 1998

In his defence, the defendant claimed duress, and at trial provided photographs of damage which, he said, had been caused by shots fired by the third party to make him afraid. The prosecution called a police officer by way of rebuttal, and the defence challenged the admission of his evidence. He did not claim to be a ballistics expert, only to have examined thousands of bullet marks. The judge admitted his evidence, but warned the jury to rely upon it only with care. The court held that the evidence had properly been admitted.

Judges:

Lord Justice Judge, Mr Justice Mitchell, And Recorder Of Birmingham His Honour Judge Peter Crawford QC

Citations:

[1998] EWCA Crim 1284

Jurisdiction:

England and Wales

Criminal Evidence

Updated: 11 May 2022; Ref: scu.154158

Thompson v Dann and Another In re a Local Government Election Eel Brook Hammersmith: QBD 3 Nov 1994

The offence of ‘personation’ was not proven without evidence of deliberate misrepresentation as to identity when voting.
Proof of personation requires evidence of intention to vote in name of another.

Citations:

Gazette 16-Nov-1994, Times 03-Nov-1994, Independent 09-Nov-1994

Statutes:

Representation of the People Act 1983 60

Jurisdiction:

England and Wales

Elections, Criminal Evidence

Updated: 11 May 2022; Ref: scu.89874

Regina v Berry: CACD 1987

The court doubted the use of past incidents for the purpose of proving the state of mind, ie the intent, of a defendant charged with murder

Citations:

(1987) 84 Cr App R 98

Jurisdiction:

England and Wales

Cited by:

DistinguishedRegina v Sidhu CACD 22-Feb-1993
The defendant was accused of explosives offences relating to his promotion of the cause of Sikhism through membership of the Khalistan Liberation Force, which promoted an independent Sikh state. The jury considered a video recording of the appellant . .
Lists of cited by and citing cases may be incomplete.

Criminal Evidence

Updated: 11 May 2022; Ref: scu.598718

Regina v Lomas: CACD 1969

The appellant had been convicted of the murder of his wife. A pathologist gave evidence that the cause of death was due to compression of the neck. He preferred not to call it strangulation because he had never seen a case of death from such a cause with less outward or internal signs of injury. He did however make findings which led him to the opinion that there had been continuous pressure on the deceased woman’s neck maintained for a period of thirty seconds. While the defence had the assistance of an expert pathologist, he was never called. On the hearing of the appeal, the appellant sought leave to call a distinguished pathologist who had been consulted following conviction and who had read the whole of the evidence, consulted with both the prosecution pathologist and the defence pathologist and had seen the neck structures which had been preserved by the prosecution pathologist. As a result of his study, he disagreed profoundly with the prosecution pathologist, stating the there was no evidence to support his view of firm, continuous pressure for at least thirty seconds. He felt that the compression could well have been for a very few seconds only.
Held: An appeal court will not readily admit expert evidence as fresh evidence where the necessary expertise was available at the time of trial.

Citations:

(1969) 53 Cr App R 256

Criminal Evidence

Updated: 11 May 2022; Ref: scu.519360

Regina v Radak; Regina v Adjei; Regina v Butler-Rees; Regina v Meghjee: CACD 7 Oct 1998

The court has a discretion to refuse to accept written evidence from a witness abroad who had refused to come here for fear of reprisals, and particularly so where the prosecution had failed to take advantage of procedures which would have allowed the defence to cross examine the witness.

Citations:

Times 07-Oct-1998

Statutes:

European Convention on Human Rights Art 6(3)(d); Criminal Justice Act 1988 26

Jurisdiction:

England and Wales

Criminal Evidence, Human Rights

Updated: 11 May 2022; Ref: scu.87587

Regina v Forbes: CA 5 May 1999

A defendant, having attacked the character of a prosecution witness, could not escape having his own put in issue, by giving evidence, but then refusing to return to the witness box for cross-examination. The ID parades code is mandatory in effect.

Citations:

Times 05-May-1999, Gazette 26-May-1999

Jurisdiction:

England and Wales

Criminal Evidence

Updated: 11 May 2022; Ref: scu.85259

Attorney-General for Gibraltar v May and Others: CA 20 Nov 1998

Although an affidavit of means had been filed under compulsion in civil proceedings, and under an undertaking that its contents would not be used for other proceedings, the court retained the discretion to discharge that undertaking so that it could be used in a criminal trial.

Citations:

Times 20-Nov-1998

Jurisdiction:

England and Wales

Criminal Evidence

Updated: 10 May 2022; Ref: scu.77973

Chan Kau v The Queen: PC 1955

In a criminal trial for assault, once the evidence is shown to have raised a possible defense of self-defense, the burden is on the prosecution to prove that the defendant intended to apply unlawful force to the victim: ‘Even under the common law if, but only if, the evidence supports the possible existence of one of the ‘excusatory defences then the Crown must negative such defence’

Judges:

Lord Tucker

Citations:

[1955] AC 206, [1955] 1 All ER 266, [1955] 2 WLR 192

Cited by:

CitedAshley and Another v Sussex Police CA 27-Jul-2006
The deceased was shot by police officers raiding his flat in 1998. The claimants sought damages for his estate. They had succeeded in claiming damages for false imprisonment, but now appealed dismissal of their claim for damages for assault and . .
Lists of cited by and citing cases may be incomplete.

Criminal Evidence

Updated: 10 May 2022; Ref: scu.244747

Regina v D: CACD 2002

Article 6(3)(d) of the European Convention does impose an absolute prohibition on the admission of hearsay evidence against criminal defendants.

Citations:

[2003] QB 90, [2002] EWCA Crim 990

Statutes:

European Convention on Human Rights 6(3)(d)

Cited by:

CitedGrant v The Queen PC 16-Jan-2006
(Jamaica) The defendant appealed his conviction for murder saying that the admission of an unsworn statement by one witness and the non-admission of another similar statement who did not either attend court was unconstitutional. He shot the victim . .
Lists of cited by and citing cases may be incomplete.

Criminal Evidence, Human Rights

Updated: 10 May 2022; Ref: scu.242107

Regina v Reading: 1966

Citations:

(1966) 50 Cr App R 98

Jurisdiction:

England and Wales

Cited by:

CitedRegina v Wright and Ormerod CACD 1990
The defendants were charged with indecent assault on a child of 5, who said that the defendants had hurt her in the back and said naughty things to her. The Judge also admitted evidence from the child’s mother of the complaint the child had made to . .
Lists of cited by and citing cases may be incomplete.

Criminal Evidence

Updated: 10 May 2022; Ref: scu.241274

Stobo v HM Advocate: HCJ 1993

Citations:

1993 SCCR 1105

Cited by:

OverruledSmith v Lees HCJ 1997
Evidence of distress could not corroborate the carrying out of physical acts of indecent assault, though it can still be used to corroborate, in an appropriate case, evidence of a lack of consent on the part of the complainer to the accused’s . .
CitedPaul Cullington v Her Majesty’s Advocate HCJ 25-Jun-1999
The defendant appealed his conviction for indecent assault. He challenged the use of evidence of distress as corroboration of an allegation that violence had been threatened or used.
Held: The appeal failed. There was no reason to distinguish . .
Lists of cited by and citing cases may be incomplete.

Crime, Scotland, Criminal Evidence

Updated: 09 May 2022; Ref: scu.220739

Regina v Raviraj: CACD 1986

The court described the circumstances where a defendant’s failure to provide an account of circumstances might lead to an inference being drawn against him: ‘where suspicious circumstances appear to demand an explanation, and no explanation . . . is given, the lack of explanation may warrant an inference of guilty knowledge in the defendant.’

Judges:

Stocker LJ

Citations:

(1986) 85 Cr App 93

Jurisdiction:

England and Wales

Citing:

CitedRegina v Gilbert CACD 1977
The defendant on a charge of murder had claimed at trial that he had acted in self-defence. He had not said anything of this sort in his police statement under caution. The trial judge had invited the jury, in the exercise of their common sense, to . .

Cited by:

CitedCollins and Keep v Regina CACD 28-Jan-2004
When arrested with a co-defendant, C had said nothing as his co-defendant gave a false explanation. He now appealed his conviction saying that the judge had left with the jury the question of whether he was adopting that lie by his own silence.
CitedRegina v Johnson; Regina v Hind CACD 11-Apr-2005
The defendant had when at the police station refused to leave his cell to attend for interview. At trial, the judge said that the jury could take account of this as a failure to mention when questioned, something which he now wished to rely upon. . .
Lists of cited by and citing cases may be incomplete.

Criminal Evidence

Updated: 09 May 2022; Ref: scu.192659

Regina v Coll: 1889

‘The evidence of a witness cannot be corroborated by proving statements to the same effect previously made by him; nor will the fact that his testimony is impeached in cross-examination render such evidence admissible. Even if the impeachment takes the form of showing a contradiction or inconsistency between the evidence given at the trial and something said by the witness on a former occasion.’

Judges:

Holmes J

Citations:

(1889) 25 LR Ir 522

Cited by:

CitedRegina v Ali CACD 14-Nov-2003
The defendant appealed conviction and sentence for sexual assaults on young girls. He complained that the prosecution had been allowed to bring in evidence of previous consistent statements.
Held: The evidence of the mother had been admitted . .
ApprovedRegina v Oyesiku CACD 1971
The court considered the admissibility of evidence of consistent statements in order to rebut an allegation of recent fabrication. There may be a residual discretion with the judge to permit re-examination to show consistency when there is . .
Lists of cited by and citing cases may be incomplete.

Criminal Evidence

Updated: 09 May 2022; Ref: scu.187962

Regina v Sidhu: CACD 22 Feb 1993

The defendant was accused of explosives offences relating to his promotion of the cause of Sikhism through membership of the Khalistan Liberation Force, which promoted an independent Sikh state. The jury considered a video recording of the appellant firing weapons and chanting his support for the Force during the trial of a bomb making conspiracy. During interview, the defendant had said that he was opposed to violence under religious principle, and denied membership of the Force.
Held: The video was admissible ‘as evidence of a continual background of history relevant to the appellant’s part in the alleged conspiracy’. The events recorded were not too distant from the allegations at issue. It was as evidence of a ‘continual background of history’ relevant to Sidhu’s part in the conspiracy, but was not admissible to disprove his assertions that he opposed violence on religious grounds.

Citations:

Ind Summary 22-Feb-1993, (1994) 98 Cr App R 59

Jurisdiction:

England and Wales

Citing:

ApprovedRegina v Pettman CACD 2-May-1985
Background evidence is admissible ‘Where it is necessary to place before the jury evidence of part of a continual background of history relevant to the offence charged in the indictment and without the totality of which the account placed before the . .
DistinguishedRegina v Berry CACD 1987
The court doubted the use of past incidents for the purpose of proving the state of mind, ie the intent, of a defendant charged with murder . .

Cited by:

CitedRegina v Beedles CACD 31-Jul-1996
The defendant appealed against his conviction for sexual assault. The issue was whether a note written by the complainant to her teacher was admissible as evidence of recent complaint to corroborate her statement. Similar allegations had been made . .
CitedRegina v Sawoniuk CACD 10-Feb-2000
‘Criminal charges cannot be fairly judged in a factual vacuum. In order to make a rational assessment of evidence directly relating to a charge it may often be necessary for a jury to receive evidence describing, perhaps in some detail, the context . .
Lists of cited by and citing cases may be incomplete.

Criminal Evidence

Updated: 08 May 2022; Ref: scu.88025

Regina v Junaid Khan: CACD 1987

The court was asked whether a wife under an (actually) polygamous marriage, entered into under the rites of the Moslem religion, was competent to give evidence against her husband. It was conceded that ‘in English law generally’ the lady was not the co-accused’s wife; but even so, it was argued, she was to be treated as his wife for the purposes of the common law principle that a wife is not a competent witness against her husband.
Held: The common law principles relating to competence applied. However: ”If that be the position with somebody who has gone through an invalid ceremony of marriage because it is bigamous, what is the position of a lady who has gone through a ceremony of marriage which under the religious observances of a faith, and under the law of some other countries, is entirely valid, but which, because it is a second polygamous marriage, is of no effect in the law of this country? In our judgment the position so far as her ability and competence to give evidence is concerned is no different from that of a woman who has not been through a ceremony of marriage at all, or one who has been through a ceremony of marriage which is void because it is bigamous. Exactly the same principles in our view apply, and therefore we hold that the learned judge was entirely correct in his reasoning in deciding that Hasina Patel was a competent witness for the prosecution, both in respect of her husband and in respect of this appell’

Citations:

[1987] 84 CAR 45

Statutes:

Matrimonial Causes Act 1973 11

Jurisdiction:

England and Wales

Cited by:

CitedBala and Others, Regina v CACD 10-May-2016
The court was asked whether parties to a polygamous marriage recognised in Nigeria could be exempt thereby from a charge as co-conspirators because of s2 of the 1977 Act. The judge had held the marriage invalid after finding that the defendant was . .
Lists of cited by and citing cases may be incomplete.

Criminal Evidence

Updated: 08 May 2022; Ref: scu.564472

Regina v Turner (Bryan): CACD 1975

The court was asked whether what a defendant’s counsel had said in a plea in mitigation in one case could be proved and admitted as evidence in another trial. The objection was made that the evidence could not go before the jury until the prosecution proved that what counsel had said in mitigation was on the defendant’s instructions. The trial judge admitted the evidence as an admission made by an agent within the apparent scope of his authority. The barrister was then called who said on oath that he had said what he had said without instructions.
Held: The contested evidence was admissible as the circumstances in which the barrister said what he said amounted to prima facie evidence that he was authorised by the defendant to say it. Lawton LJ set out three principles in relation to admissions made by agents in the context of criminal proceedings. An authorised agent can make an admission on behalf of his principal; a party seeking to rely on an admission must prove that the agent was so authorised; and ‘Whenever a fact has to be proved, any evidence having probative effect and not excluded by rule is admissible to prove that fact. Whenever a barrister comes into court in robes and in the presence of his client tells the judge that he appears for that client, the court is entitled to assume and always does assume that he has his client’s authority to conduct the case and to say on the client’s behalf whatever in his professional discretion he thinks is in his client’s interests to say. If the court could not make this assumption, the administration of justice would become very difficult indeed. The very circumstances provide evidence first that the barrister has his client’s authority to speak for him and secondly that what the barrister says is what his client wants him to say.’

Judges:

Lawton LJ

Citations:

(1975) 61 Cr App R 67

Jurisdiction:

England and Wales

Cited by:

CitedNewell, Regina v CACD 30-Mar-2012
The appellant challenged the introduction in evidence of a previous inconsistent statement lodged on his behalf by counsel on a Plea and Case Management Form at a directions hearing.
Held: The appeal was allowed. An advocate plainly has . .
AppliedFirth v Epping Magistrates Court Admn 3-Feb-2011
The defendant had faced a charge of assault in the Magistrates Court and had pleaded not guilty. She had indicated in the ‘trial issues’ form through her lawyer that her defence was self defence. The prosecutor then indicated that the charge was to . .
Lists of cited by and citing cases may be incomplete.

Criminal Evidence

Updated: 08 May 2022; Ref: scu.452399

Ridehalgh, Regina (on the Application of) v Director of Public Prosecutions: Admn 23 May 2005

The appellant a police officer had arrived at work having been drinking. A senior officer asked if he had driven to work. He replied yes, and on that basis had been convicted of driving with excess alcohol. He appealed saying that the question should have been put to him under caution. The magistrates said: ‘we did consider the Codes of Practice and noted in particular the officer gave credible evidence, that he formed the suspicion after he spoke to her; it was in our opinion reasonable for the officer to ask the initial question as to a possible connection to the offence and the circumstances at that time.’
Held: The question had been preliminary and properly put. The statement had been properly admitted. The appeal failed.
Gibbs J said: ‘the justices were entitled to reach the opinion that they did for the reason that they gave. A decision about whether there were grounds to suspect in the particular circumstances of a given case is essentially one for the justices. Where police officers question people, in any circumstances in the course of possible investigations relating to the commission of a criminal offence, there inevitably comes a time when it begins to occur to them that an offence might have been committed. They need to make further enquiries to establish whether there are grounds for suspecting the particular person, the potential defendant, of committing the offence. If the stage comes when there are such grounds, then the duty to caution arises . . the magistrates were, in my judgment, fully justified in concluding that the conversation on those matters amounted simply to a conversation and not to an interview within the definition of the Code of Practice to which I have referred.’

Judges:

Gibbs J

Citations:

[2005] EWHC 1100 (Admin), [2005] RTR 26

Links:

Bailii

Statutes:

Road Traffic Act 1988 5(1)

Jurisdiction:

England and Wales

Citing:

AppliedWhelehan v Director of Public Prosecution 1995
A police officer saw a motorist, the appellant, sitting in the driver’s seat of a car with keys in the ignition in the early hours of the morning, and smelt alcohol on his breath. The conversation which then took place between the officer and the . .
DistinguishedBatley v Hampshire Justices Admn 20-Feb-1998
A licensee appealed his conviction saying that the statements made and relied upon should only have been put under caution.
Held: Maurice Kay J said:’there is force in Mr Stobart’s submission that in those circumstances any reasonable police . .

Cited by:

CitedHughes v Director of Public Prosecutions Admn 12-Oct-2009
The defendant appealed against her conviction for aggravated vehicle taking. She was found near the scene of a road traffic accident involving a stolen car, and her fingerprint on an isnide rear window. She submitted that the officers had asked as . .
Lists of cited by and citing cases may be incomplete.

Criminal Evidence

Updated: 07 May 2022; Ref: scu.226283

McKenna v Director of Public Prosecutions: Admn 8 Apr 2005

The defendant appealed a conviction for driving whilst disqualified. He said that an officer’s identification of him should have been excluded from evidence because no identification parade had been held.
Held: A parade should have been held: ‘knowledge and familiarity with a person 14 years beforehand and refreshed only by limited occasions and maybe only once since about 1990, with no conversations having taken place, failed to establish a basis of contact which entitled the fact-finder to reach the conclusion that the suspect was well-known to the witness. ‘ However though there had been a breach of the code of practice, the evidence could still be admitted. The appeal failed.

Citations:

[2005] EWHC 677 (Admin)

Links:

Bailii

Statutes:

Police and Criminal Evidence Act 1978 78(1)

Jurisdiction:

England and Wales

Citing:

AppliedRegina v Forbes (Anthony Leroy) (Attorney General’s Reference No 3 of 1999) HL 19-Dec-2000
The provisions of the Code of Practice regarding identification parades are mandatory and additional unwritten conditions are not to be inserted. Where there was an identification and the suspect challenged that identification, and consented to the . .
Lists of cited by and citing cases may be incomplete.

Road Traffic, Criminal Evidence

Updated: 07 May 2022; Ref: scu.224539

Regina v Derby Magistrates Court, ex parte Brooks: 1993

Looking at the court’s power to halt a prosecution as an abuse of process, the court said: ‘The power to stop a prosecution arises only when it is an abuse of a process of the court. It may be an abuse of process if either (a) the prosecution have manipulated or misused the process of the court so as to deprive the defendant of a protection provided by the law or to take unfair advantage of a technicality, or (b) on the balance of probability the defendant has been, or will be, prejudiced in the preparation or conduct of his defence by delay on the part of the prosecution which is unjustifiable.
The ultimate objective of this discretionary power is to ensure that there should be a fair trial according to law, which involves fairness to both the defendant and the prosecution.’ For the magistrates: (Lord Griffiths) If the magistrates appreciate the need to use the jurisdiction sparingly, they can use a power ‘to exercise control over their proceedings through an abuse of process jurisdiction. However, in the case of magistrates this power should be strictly confined to matters directly affecting the fairness of the trial of the particular accused with whom they are dealing, such as delay or unfair manipulation of ‘court procedures.’

Judges:

Lord Lane CJ, Sir Roger Ormrod, Lord Griffiths

Citations:

(1994) 80 Crim App R 164

Jurisdiction:

England and Wales

Cited by:

CitedRegina v Manchester Stipendiary City Magistrates ex parte Pal Tagger Admn 29-Nov-1996
The defendant appealed his conviction for illegal entry. He complained that after first being proceeded against for illegal working, it was an abuse now to pursue this prosecution.
Held: No abuse had been established, only delay. . .
CitedMaxwell, Regina v SC 20-Jul-2011
The defendant had had his conviction for murder set aside after a finding of gross prosecutorial misconduct by the police. The Court was now asked as to the propriety of the order for a retrial. The police involved in the case had misled the CPS, . .
Lists of cited by and citing cases may be incomplete.

Magistrates, Criminal Evidence

Updated: 07 May 2022; Ref: scu.188240

Regina v Wilmot: CACD 1989

Wilmot was charged with a series of six predatory rapes, committed by picking up women, some prostitutes, in one or other of two cars. The court considered the cross admissibility of similar fact evidence.
Held: Glidewell LJ said: ‘It has been suggested sometimes that such evidence can never be admissible in relation to the defence of consent which, as I have made clear, was the main issue which the jury in this case largely had to decide. But that is not right. Such evidence may be germane to a defence of consent – it will not always be by any means – but there are circumstances in which, where it is proved or admitted that a man has had sexual intercourse with a number of young women, the question whether it is proved that one of them did not consent may in part be answered by proving that another of the women did not consent if the circumstances bear a striking resemblance.’ However, Sambasivam was applied to make the evidence inadmissible.

Judges:

Glidewell LJ

Citations:

(1989) 89 Cr App R 341

Jurisdiction:

England and Wales

Citing:

AppliedSambasivam v Director of Public Prosecutions, Federation of Malaya PC 1950
(Malaya) The effect of a verdict of acquittal pronounced by a competent court after a lawful trial is not restricted to the fact that the person acquitted cannot be tried again for the same offence. It is binding and conclusive in all subsequent . .

Cited by:

CitedRegina v Z (Prior acquittal) HL 22-Jun-2000
The defendant on a charge of rape had been tried and acquitted of the rape of different women on three previous occasions in three separate trials. The prosecution wished to call those three complainants to give similar fact evidence in support of . .
CitedSeaton v Regina CACD 13-Aug-2010
The defendant had been accused of recent fabrication of evidence, having given evidence in court which varied from that given in interview on arrest. The crown had commented on his failure to call his solicitor to give evidence. The defendant said . .
Lists of cited by and citing cases may be incomplete.

Criminal Evidence

Updated: 07 May 2022; Ref: scu.237471

Regina v Taylor: CACD 1999

The appellant, who had previous convictions, did not give evidence, and the trial judge gave a direction in accordance with section 35.
Held: The Court rejected a submission by the appellant’s counsel that the judge should have not have told the jury that they could draw inferences from the defendant’s failure to give evidence.

Judges:

Buxton LJ

Citations:

[1999] Crim LR 77

Statutes:

Criminal Justice and Public Order Act 1994 35

Jurisdiction:

England and Wales

Citing:

ApprovedRegina v Cowan and Another CACD 12-Oct-1995
Detailed directions were provided for the judge to give to a jury where a defendant chooses not to give evidence in his defence in the Crown Court.
Lord Taylor of Gosforth said: ‘1. The judge will have told the jury that the burden of proof . .

Cited by:

CitedRegina v Becouarn HL 28-Jul-2005
At his trial for murder, the defendant had not given evidence, and the court had allowed the jury to draw proper inferences under s35.
Held: The JSB direction ‘on drawing inferences [i]s sufficiently fair to defendants, emphasising as it does . .
Lists of cited by and citing cases may be incomplete.

Criminal Evidence

Updated: 07 May 2022; Ref: scu.229101

Regina v Rearden: CACD 1984

A series of rapes on a child was regarded as one continuing offence for evidence purposes.

Citations:

(1984) 4 F 76

Jurisdiction:

England and Wales

Cited by:

CitedRegina v Beedles CACD 31-Jul-1996
The defendant appealed against his conviction for sexual assault. The issue was whether a note written by the complainant to her teacher was admissible as evidence of recent complaint to corroborate her statement. Similar allegations had been made . .
Lists of cited by and citing cases may be incomplete.

Criminal Evidence

Updated: 07 May 2022; Ref: scu.225386

Regina v Flack: CACD 1969

The court admitted evidence of previous indecency with an alleged victim of incest.

Citations:

[1969] 1 WLR 937

Jurisdiction:

England and Wales

Cited by:

CitedRegina v Beedles CACD 31-Jul-1996
The defendant appealed against his conviction for sexual assault. The issue was whether a note written by the complainant to her teacher was admissible as evidence of recent complaint to corroborate her statement. Similar allegations had been made . .
Lists of cited by and citing cases may be incomplete.

Criminal Evidence

Updated: 07 May 2022; Ref: scu.225387

Regina v Bailey: CACD 1993

The court held that corroboration which goes to the heart of the dispute as to whether or not the complainant had consented to whatever the Defendant was doing, was enough to remove the danger of convicting on the evidence of the complainant alone: ‘Where there is corroborative evidence going to the heart of the dispute it would be unreal nevertheless solemnly to warn the Jury that, because the case involved a sexual complaint, there still remained a particular danger of convicting the accused without some additional confirmatory evidence, without some corroboration of the further element necessary to establish attempted rape rather than indecent assault or to establish either count rather than a completely non- sexual assault’

Citations:

[1993] CLR 860

Jurisdiction:

England and Wales

Cited by:

CitedRegina v Doheny, Adams CACD 31-Jul-1996
The court set out the procedure for the introduction of DNA evidence in criminal trials. In particular the court explained the ‘Prosecutor’s Fallacy’ when using statistical evidence. The significance of the DNA evidence will depend critically upon . .
Lists of cited by and citing cases may be incomplete.

Criminal Evidence

Updated: 07 May 2022; Ref: scu.227922

Regina v Silcot, Raghip and others: CACD 9 Dec 1991

There can be an increased readiness of the courts to accept expert evidence as to the defendant’s mental capacity where the issue is as to the admissibility of a confession statement.

Citations:

Times 09-Dec-1991

Jurisdiction:

England and Wales

Cited by:

CitedRegina v Coles CACD 1995
The 15 year old defendant appealed his conviction on the basis of recklessness, challenging, unsuccessfully, the rule in Caldwell.
Held: Because recklessness was to be judged by the standard of the reasonable prudent man, expert evidence of . .
CitedHenry, Regina v CACD 29-Jun-2005
The defendant appealed his conviction for soliciting to murder and conspiracy to murder. An expert’s opinion now described him as of low intelligence and vulnerable to the sort of pressure of which he complained.
Held: The expert evidence had . .
Lists of cited by and citing cases may be incomplete.

Criminal Evidence

Updated: 07 May 2022; Ref: scu.227984

Regina v Stevens: CACD 1995

S was charged with the murder of a woman with whom he had been living.
Held: Evidence of previous occasions on which he had assaulted her were properly admitted as part of the background.

Citations:

[1995] Crim LR 649

Jurisdiction:

England and Wales

Cited by:

CitedRegina v Beedles CACD 31-Jul-1996
The defendant appealed against his conviction for sexual assault. The issue was whether a note written by the complainant to her teacher was admissible as evidence of recent complaint to corroborate her statement. Similar allegations had been made . .
Lists of cited by and citing cases may be incomplete.

Criminal Evidence

Updated: 07 May 2022; Ref: scu.225391

Regina v Cole: CACD 1990

Citations:

(1990) 90 Cr App R 478

Statutes:

Criminal Justice Act 1988

Jurisdiction:

England and Wales

Cited by:

CitedRegina v Gokal, Abas Kassimali CACD 1997
The defendant challenged admission of written statements saying that he would only be able to controvert the written statements if he gave evidence, and it was submitted that that would infringe his right to silence.
Held: There was no reason . .
CitedSellick and Sellick, Regina v CACD 14-Mar-2005
The defendants appealed convictions for murder saying that the court had had read to it the statements of four witnesses who refused to attend for fear, having been intimidated. Other witnesses had been unco-operative and had been treated by the . .
Lists of cited by and citing cases may be incomplete.

Criminal Evidence

Updated: 06 May 2022; Ref: scu.224307

Regina v Gokal, Abas Kassimali: CACD 1997

The defendant challenged admission of written statements saying that he would only be able to controvert the written statements if he gave evidence, and it was submitted that that would infringe his right to silence.
Held: There was no reason to think that Article 6 rights would be infringed if sections 23 and 26 were utilised by courts. After referring to authorities from Europe: ‘there is nothing there to concern us and we remain confident that the conduct of the application before Buxton J and the procedures by which he would conduct the trial accord fully with our treaty obligations.’
The judge considered the meaning of section 71(4) of the unamended 1988 Act. He held that section 71(4) requires ‘what can fairly be described as an obtaining by the defendant himself’ and that ‘the obtaining of property under section 71(4) must be by the defendant personally’.

Judges:

Lord Justice Ward, Buxton J

Citations:

[1997] 2 CR App R 266

Statutes:

Criminal Justice Act 1988

Jurisdiction:

England and Wales

Citing:

CitedRegina v Cole CACD 1990
. .

Cited by:

CitedSellick and Sellick, Regina v CACD 14-Mar-2005
The defendants appealed convictions for murder saying that the court had had read to it the statements of four witnesses who refused to attend for fear, having been intimidated. Other witnesses had been unco-operative and had been treated by the . .
CitedMay, Regina v HL 14-May-2008
The defendant had been convicted of involvement in a substantial VAT fraud, and made subject to a confiscation order. He was made subject to a confiscation order in respect of the amounts lost to the fraud where he was involved, but argued that the . .
Lists of cited by and citing cases may be incomplete.

Criminal Evidence, Human Rights

Updated: 06 May 2022; Ref: scu.224306

Regina v Brooks: CACD 1992

Judges:

Mustill LJ

Citations:

(1992) Cr App R 36

Jurisdiction:

England and Wales

Citing:

ApprovedMakin v Attorney-General for New South Wales PC 12-Dec-1893
The accused had been charged with the murder of an infant who had been given into their care by the child’s mother after payment of a fee. They appealed after admission of evidence that several other infants had been received by the accused persons . .

Cited by:

CitedRegina v Beedles CACD 31-Jul-1996
The defendant appealed against his conviction for sexual assault. The issue was whether a note written by the complainant to her teacher was admissible as evidence of recent complaint to corroborate her statement. Similar allegations had been made . .
Lists of cited by and citing cases may be incomplete.

Criminal Evidence

Updated: 06 May 2022; Ref: scu.225385

Regina v Cochrane: CACD 4 Jun 1992

A building society had credited the defendant with more than was due by error. A series of withdrawals were made before the error was discovered. The defendant appealed saying the judge had been wrong to have admitted computer print outs.
Held: The appeal was allowed. The prosecution said that the entry of the pin number amounted to no more than an exercise in typing and that supporting evidence was not required. However the pin number was checked against a number held on the bank’s central computer. Before the judge can decide whether computer printouts are admissible, whether as real evidence or as hearsay, it was necessary to call appropriate authoritative evidence to describe the function and operation of the computer. Though some of the till rolls might be admitted as real evidence, the balance could not. The police had broken so many elements of the Code of Practice that the defendant could not be expected to have confidence in the fairness of the proceedings.

Judges:

McCowan LJ, Waterhouse and Broke JJ

Citations:

[1993] Criminal Law Reports 48

Statutes:

Police and Criminal Evidence Act 1984 69

Jurisdiction:

England and Wales

Criminal Evidence

Updated: 06 May 2022; Ref: scu.224083

Regina v Antar: CACD 28 Oct 2004

The defendant appealed against his conviction for conspiracy to rob, saying that the court should have admitted evidence from a medical report confirming his low IQ, and the likelhood of his being suggestible during police interview, and also that he had been acting under duress.
Held: The defendant had been shown in tests under the Gudjinsson Suggestibility scale that he would change his answers under pressure more readily than would most of the population. That evidence was important and should have been admitted. The conviction was unsafe.

Judges:

Clarke LJ, Gibbs J, Stanley Burnton J

Citations:

Times 04-Nov-2004

Jurisdiction:

England and Wales

Criminal Evidence

Updated: 06 May 2022; Ref: scu.219424

Harris v Director of Public Prosecutions: HL 1952

The House discussed the principle laid down in Makin’s case as to the admission of similar fact evidence.
Held: After approving the case, Lord Simon said: ‘It is, I think, an error to attempt to draw up a closed list of the sort of cases in which the principle operates: such a list only provides instances of its general application, whereas what really matters is the principle itself and its proper application to the particular circumstances of te charge being tried. It is the application that may sometimes be difficult, and the particular case now before the House illustrates that difficulty.’

Judges:

Lord Simon

Citations:

[1952] 1 The Times LR 1075

Jurisdiction:

England and Wales

Cited by:

CitedRegina v Straffen CCA 20-Aug-1952
The defendant had been arrested for murders of young girls, but after being found unfit to plead, he was committed to Broadmoor. While he escaped another girl was murdered, and he was charged. The prosecutor sought to bring in evidence of admissions . .
Lists of cited by and citing cases may be incomplete.

Criminal Evidence

Updated: 06 May 2022; Ref: scu.214192

Regina v Compton: CACD 2002

The court considered criticisms of forensic evidence: ‘. . When reading Mr Bottomley’s report, and hearing his evidence in chief, we had the greatest difficulty in discerning how in fact he criticised MSA’s methodology; and in cross-examination it became clear that he did not do so. In response to Mr Shay Mr Bottomley confirmed that he had no criticism of the techniques used by MSA; no criticism of the scientific competence of MSA’s scientists; and no reason to doubt the accuracy of the readings obtained by MSA . .’

Judges:

Buxton LJ

Citations:

[2002] EWCA Crim 2835

Jurisdiction:

England and Wales

Cited by:

CitedBenn and Benn v Regina CA 30-Jul-2004
The defendants appealed against convictions for importing drugs. The evidence was circumstantial, including evidence of contamination of paper money with cocaine. New evidnce suggested the original forensic techniques had returned many false . .
Lists of cited by and citing cases may be incomplete.

Criminal Evidence

Updated: 06 May 2022; Ref: scu.200257

Hall v Regina: PC 1970

The court asked as to the modern application of the dicta in Christie with regard to the admissibility of false statements made in the presence of a defendant but uncontradicted by him. In this case there had been no positive act to adopt the lie.
Held: The silence was not evidence against the defendant: ‘a person is entitled to refrain from answering a question put to him for the purpose of discovering whether he has committed a criminal offence. A fortiori he is under no obligation to comment when he is informed that someone else has accused him of an offence. It may be that in very exceptional circumstances an inference may be drawn from a failure to give an explanation or disclaimer, but in their Lordship’s view silence alone on being informed by a police officer that someone else has made an accusation against him cannot give rise to an inference that the person to whom this information is communicated accepts the truth of the accusation.’ and ‘The caution merely serves to remind the accused of a right which he already possesses at common law. The fact that in a particular case he has not been reminded of it is no ground for inferring that his silence was not in the exercise of that right, but that was an acknowledgement of the truth of the accusation.’

Judges:

Lord Diplock

Citations:

(1970) 55 Cr App 108

Jurisdiction:

England and Wales

Citing:

CitedRex v Christie HL 1914
The House considered the admissibility in evidence of a false statement made in the defendant’s presence, but uncontradicted by him: ‘the rule of law undoubtedly is that a statement made in the presence of an accused person, even on an occasion . .

Cited by:

CitedCollins and Keep v Regina CACD 28-Jan-2004
When arrested with a co-defendant, C had said nothing as his co-defendant gave a false explanation. He now appealed his conviction saying that the judge had left with the jury the question of whether he was adopting that lie by his own silence.
Not followedRegina v Chandler CACD 1975
The defendant had refused to comment on allegations put to him when interviewed by the police. His solicitor was present.
Held: After quoting Hall, the court commented: ‘We have reservations about these two statements of law because they seem . .
Lists of cited by and citing cases may be incomplete.

Criminal Evidence

Updated: 06 May 2022; Ref: scu.192655

Regina v Effik; Same v Micthell: CACD 23 Mar 1992

The police had unlawfully intercepted telephone calls made by the defendant.
Held: The evidence had been properly admitted notwithstanding its unlawful origins.

Judges:

Steyn LJ

Citations:

[1992] 95 Cr App 427, Times 23-Mar-1992

Statutes:

Interception of Communications Act 1985 9

Jurisdiction:

England and Wales

Citing:

Appealed toRegina v Effik; Regina v Mitchell HL 22-Jul-1994
The material obtained by intercepting signals passing between a base unit and the handset of a cordless telephone was admissible because no communication was being made by means of a public system when the calls were intercepted by the police. A . .

Cited by:

OverruledMorgans v Director of Public Prosecutions HL 18-Feb-2000
Without a warrant, the police had arranged for a call logger to retain details of the calls made, including the number called, time and duration. The dialing itself was a communication, which established a connection, through which further . .
Appeal fromRegina v Effik; Regina v Mitchell HL 22-Jul-1994
The material obtained by intercepting signals passing between a base unit and the handset of a cordless telephone was admissible because no communication was being made by means of a public system when the calls were intercepted by the police. A . .
CitedRegina v Sargent HL 25-Oct-2001
When a telephone engineer used his position to make unauthorised telephone intercepts, and produced apparent evidence of criminal activity, he was, under the Act, a person engaged in providing a public communications system, and the recordings were . .
Lists of cited by and citing cases may be incomplete.

Criminal Evidence

Updated: 06 May 2022; Ref: scu.182200

Regina v Haas: 1962

(Court of Appeal of British Columbia) The court considered the admissibility of evidence derived from a tracker dog: ‘Once the qualifications of a tracking dog to follow a scent and that of his trainer to handle the dog have been established (in the instant case it was admitted at trial that both the dog and its handler were as good as they could be) evidence of tracking the accused by scent from the scene of a crime by such a dog is admissible on the trial of the accused and the only question concerns the weight to be given to such evidence.’

Citations:

(1962) 35 DLR 172

Jurisdiction:

Canada

Citing:

Not FollowedRex v Trupedo 1920
(South Africa) Evidence concerning the activity of a tracker dog was not admissible. Innes CJ said: ‘We have no scientific or accurate knowledge as to the faculty by which dogs of certain breeds are said to be able to follow the scent of one human . .

Cited by:

CitedRegina v Pieterson; Regina v H CACD 8-Nov-1994
The defendants appealed against their convictions for robbery. A dog had been used to follow scents from the scene, picking up items taken in the raid. The defendants objected to admission of evidence of the dog’s activities and reliability.
Lists of cited by and citing cases may be incomplete.

Criminal Evidence

Updated: 06 May 2022; Ref: scu.452351

Rex v Trupedo: 1920

(South Africa) Evidence concerning the activity of a tracker dog was not admissible. Innes CJ said: ‘We have no scientific or accurate knowledge as to the faculty by which dogs of certain breeds are said to be able to follow the scent of one human being, rejecting the scent of all others . . there is too much uncertainty as to the constancy of his behaviour and as to the extent of the factor of error involved to justify us in drawing legal inferences therefrom.’

Judges:

Innes CJ

Citations:

(1920) App Div 58

Cited by:

CitedRex v White 1926
(British Colombia) Evidence regarding a tracker dog was held inadmissible. . .
Not FollowedRegina v Haas 1962
(Court of Appeal of British Columbia) The court considered the admissibility of evidence derived from a tracker dog: ‘Once the qualifications of a tracking dog to follow a scent and that of his trainer to handle the dog have been established (in the . .
Not FollowedRegina v Pieterson; Regina v H CACD 8-Nov-1994
The defendants appealed against their convictions for robbery. A dog had been used to follow scents from the scene, picking up items taken in the raid. The defendants objected to admission of evidence of the dog’s activities and reliability.
Lists of cited by and citing cases may be incomplete.

Commonwealth, Criminal Evidence

Updated: 06 May 2022; Ref: scu.452350

Regina v Sekhon: CACD 1987

A police officer witness kept an observation log based on his own observations and those of other police officers reporting to him. When retiring, the jury had requested access to the log which had been used by the officer to refresh his memory in the witness box.
Held: Such a log, which was a memory-refreshing document, must be available for inspection by other parties for the purpose of cross-examination, and where it was suggested that the witness was making up his evidence and had concocted his notes, the notes might be admissible to show consistency. Generally however, the notes are not admissible to prove the truth of their contents and are relevant only to credibility.
The Court set out a series of propositions concerning documents used to refresh memory. It considered the police log admissible but described it as a ‘tool’ to assist the jury to evaluate the truth of the evidence given in the witness box by the witness. It went on to say: ‘Although normally the document when admitted is not evidence of the truth of its contents, in those cases where it provides, because of its nature, material by which its authenticity can be judged, then in respect of that material and only for the purpose of assessing its authenticity it can amount to evidence in the case.’

Citations:

(1987) 85 Cr App R 19

Jurisdiction:

England and Wales

Cited by:

CitedChinn, Regina v CACD 15-Mar-2012
The defendant appealed against his conviction for a serious assault. He argued that the prosecution should not have been allowed to introduce parts of a witness’ statement where the witness could not remember the underlying events directly.
Lists of cited by and citing cases may be incomplete.

Criminal Evidence

Updated: 06 May 2022; Ref: scu.452167

Regina v Stockwell: CA 5 Apr 1993

Expert evidence of facial comparison was admissible if the information and assessment are not otherwise available to the jury. As to Turner: ‘It is to be noted that Lawton LJ there referred to a jury forming their own conclusions ‘without help’. Where, for example, there is a clear photograph and no suggestion that the subject has changed his appearance, a jury could usually reach a conclusion without help. Where, as here, however, it is admitted that the appellant had grown a beard shortly before his arrest, and it is suggested further that the robber may have been wearing clear spectacles and a wig for disguise, a comparison of photograph and defendant may not be straightforward. In such circumstances we can see no reason why expert evidence, if it can provide the jury with information and assistance which they would otherwise lack, should not be given. In each case it must be for the judge to decide whether the issue is one on which the jury could be assisted by expert evidence, and whether the expert tendered has the expertise to provide such evidence.’ and ‘In each case it must be for the jury to decide whether the issue is one on which the jury could be assisted by expert evidence.’

Judges:

Lord Taylor CJ, Henry and Blofeld JJ

Citations:

Ind Summary 05-Apr-1993, [1993] 97 Cr App R 260

Jurisdiction:

England and Wales

Citing:

CitedRegina v Turner (Terence) CACD 1974
The defendant appealed against his conviction for murder. He admitted that he had killed his girlfriend with a hammer, but sought to bring psychiatric evidence that he was susceptible to provocation.
Held: The law jealously guards the role of . .

Cited by:

CitedRegina v Fitzpatrick (Gerald) CACD 19-Feb-1999
The direction to the jury about the value of expert evidence need not be followed slavishly. A jury should know that they were not necessarily bound by an expert’s opinion, but there is no inflexible requirement as to the wording to be used. . .
CitedRegina v Hersey CACD 1-Dec-1997
The defendant appealed against his conviction for robbery, which had been based in part on witnesses identifying his voice. Particular concern was raised where a series of recordings had been brought together from which the witness had been asked to . .
CitedAtkins and Another v Regina CACD 2-Oct-2009
The court considered the use in evidence of facial photograph comparison techniques. The expert had given an opinion that the comparison gave support to a conclusion that the photograph in issue was of the defendant, but there was no database . .
Lists of cited by and citing cases may be incomplete.

Criminal Evidence

Updated: 05 May 2022; Ref: scu.88118

Director of Public Prosecutions v Baldwin: QBD 11 May 2000

Where a specimen of urine was provided by a driver, but outside the one hour period allowed for such purposes, the analysis of the specimen was nevertheless admissible in evidence. The purpose of the section was to impose an obligation on the suspect which, if he failed to meet it, would leave him open to a separate charge. A police officer, allowing the suspect extra time, did not make the specimen inadmissible.

Citations:

Times 17-May-2000, Gazette 11-May-2000

Jurisdiction:

England and Wales

Criminal Evidence, Road Traffic

Updated: 05 May 2022; Ref: scu.79984

Regina v Gale: CACD 1987

The defendant had taken indecent photographs of his young step-daughter. By defence he claimed that he had done so for artistic purposes at the instigation of his wife.
Held: It had been proper to admit evidence that he had written pornographic fantasies to describe, in a manner which bore a close resemblance to the very type of incident which the girl had herself described, the sexual initiation of a young girl by her father.

Citations:

Unreported 1987

Cited by:

CitedRegina v Wright and Ormerod CACD 1990
The defendants were charged with indecent assault on a child of 5, who said that the defendants had hurt her in the back and said naughty things to her. The Judge also admitted evidence from the child’s mother of the complaint the child had made to . .
Lists of cited by and citing cases may be incomplete.

Criminal Evidence

Updated: 04 May 2022; Ref: scu.241273

I J L, G M R, and A K P v United Kingdom (Application Nos 29522/95, 30056/96, and 30574/96): ECFI 13 Oct 2000

The obtaining by compulsion of statements in Companies investigations which were later used in evidence in criminal trials was a breach of the defendant’s human right to a fair trial by enforced self-incrimination. However there was no evidence in this case that there had been any collusion to seek to take advantage of the procedure in planning the timing of the criminal proceedings, and given the complex nature of the matters in issue, the delay was not so unreasonable as to amount to an infringement.

Citations:

Times 13-Oct-2000

Jurisdiction:

European

Criminal Evidence, Company, Human Rights

Updated: 04 May 2022; Ref: scu.81586

Ibrahim v Crown Prosecution Service: Admin 2016

Admission of evidence under res gestae

Citations:

[2016] EWHC 1750 (Admin)

Jurisdiction:

England and Wales

Cited by:

CitedMorgan v Director of Public Prosecutions Admn 6-Dec-2016
Res Gestae Evidence correctly admitted
The appellant challenged by case stated the admission by magistrates at his trial of two pieces of evidence under the res gestae principle under section 118(3) of the 2003 Act. The allegation was one of domestic violence. The court had admitted the . .
Lists of cited by and citing cases may be incomplete.

Criminal Evidence

Updated: 04 May 2022; Ref: scu.579649

Regina v Lanfear: CACD 1968

A jury is not bound uncritically to accept unchallenged expert evidence.

Citations:

(1968) CAR 176

Jurisdiction:

England and Wales

Cited by:

CitedBrennan v Regina CACD 21-Nov-2014
The defendant, then 22 had a history of disturbed childhood, sexual abuse and outpatient mental health treatment together with one instance when he was sectioned following a suicide attempt. On the undisputed psychiatric evidence he suffered from a . .
CitedBrennan v Regina CACD 21-Nov-2014
The defendant, then 22 had a history of disturbed childhood, sexual abuse and outpatient mental health treatment together with one instance when he was sectioned following a suicide attempt. On the undisputed psychiatric evidence he suffered from a . .
Lists of cited by and citing cases may be incomplete.

Criminal Evidence

Updated: 04 May 2022; Ref: scu.573480

Regina v Teper: PC 1 Jul 1952

The defendant appealed against a conviction for having set fire to his shop. He complained of the admission of a police constable’s evidence who said that he had heard an unknown woman’s voice saying ‘Your place burning, and you going away from the fire’ This was several minutes after the fire started and more than a furlong away.
Held: The statement was not part of the res gestae, and the exception allowing admission of such hearsay evidence did not apply.
Before drawing an inference from circumstantial evidence: ‘it is necessary before drawing the inference of the accused’s guilt from circumstantial evidence to be sure that there are no other co-existing circumstances which would weaken or destroy the inference’.

Judges:

Normand, Oaksey, Tucker LL

Citations:

[1952] AC 489, [1952 2] The Times LR 162

Criminal Evidence, Commonwealth

Updated: 04 May 2022; Ref: scu.546835

Regina v Smith: 1959

The court considered a situation where one admission was made at 10.00 pm one night under a threat or inducement, and a second statement was made the next morning before a different investigator and after the usual caution was given. The issue was whether the second statement was still under the influence of the threat or inducement of the first.
Held: Even the most gentle threats or slight inducements will taint a confession, thoughh ‘The court thinks that the principle to be deduced from the cases is really this: that if the threat or promise under which the first statement was made still persists when the second statement is made, then it is inadmissible. Only if the time-limit between the two statements, the circumstances existing at the time and the caution are such that it can be said that the original threat or inducement has been dissipated can the second statement be admitted as a voluntary statement.
This court, however, is of the clear opinion that the second statement was admissible. No doubt, the opening reference to what it was said he had said to the regimental sergeant-major put the appellant in a difficulty. No doubt it was introduced by Sergeant Ellis in the hope that thereby he might get a continued confession; but it is quite clear that the effect of any original inducement or threat under which the first statement was made had been dissipated. Quite apart from the fact that the caution was given and given twice, some nine hours had elapsed and the whole circumstances had changed. The parade had ended. The rest of the company had gone to bed. The effect of the threat or the inducement was spent. On those grounds this court has come to the conclusion that the oral and written statements made to Sergeant Ellis were clearly admissible.’
The test for causation of a death at common law is that it is a ‘substantial or significant cause’

Judges:

Lord Parker CJ

Citations:

(1959) 43 Cr App R 121, [1959] 2 WLR 623, [1959] 2 QB 35, [1959] 2 All ER 193

Jurisdiction:

England and Wales

Criminal Evidence, Police, Crime

Updated: 04 May 2022; Ref: scu.553626

Regina v McDonald: 23 Apr 2002

Woolwich Crown Court. The court was asked to rule on the admissibility of evidence of with telephone calls recorded by external microphones.
Held: The offence under section 1 of the 2002 Act is committed by intercepting a transmission as it is carried in the system and that the system begins at point A, with the start of the transmission of electrical or electromagnetic energy into which the sound waves of the speaker have been converted, and ends at point B, when the energy ceases on being converted into sound waves by the receiver.

Judges:

Astill J

Citations:

Unreported 23 April 2002

Statutes:

Regulation of Investigatory Powers Act 2000 1

Cited by:

CitedEdmondson and Others v Regina CACD 28-Jun-2013
Course of Transmission includes Voicemails
The defendants appealed against convictions for conspiracy to intercept telephone voicemail messages whilst employed in various positions in newspapers. The issue boiled down to when the ‘course of transmission’ of a voicemail message ended, that is . .
Lists of cited by and citing cases may be incomplete.

Criminal Evidence

Updated: 04 May 2022; Ref: scu.543694

Regina v Bedingfield: 1879

The court had excluded evidence that the murder victim, who had run out of a house with her throat cut, had said to her aunt ‘see what Harry has done’.

Citations:

(1879) 14 Cox CC 341

Jurisdiction:

England and Wales

Cited by:

DisapprovedRatten v The Queen PC 1-Jul-1971
Res Gestae to admit circumstances of complaint
(Victoria) Evidence had been admitted under the res gestae rule, that a woman making a telephone call was in a hysterical state.
Held: It was properly used. Where a statement is made either by the victim of an attack or by a bystander, which . .
Lists of cited by and citing cases may be incomplete.

Criminal Evidence

Updated: 04 May 2022; Ref: scu.542330