The appellant had been convicted of murder. He had two grounds of appeal, that the judge had failed to get right the burden of proof, and that his counsel had not allowed him to give evidence when he had wanted to. The case was remitted. Although the judge’s summing up was fair, the committee was unable to asses the truth of what had happened with counsel, and the court of appeal was better placed to make that judgement.
Citations:
[1996] UKPC 6
Links:
Citing:
distinguished – Lawrence Pat Sankar v State of Trinidad and Tobago PC 16-Dec-1994
(Trinidad and Tobago) An advocate’s failure to advise his client on the need for him to give evidence, and the consequences of his not doing so may be enough to justify an appeal against conviction. . .
Lists of cited by and citing cases may be incomplete.
Criminal Practice, Commonwealth
Updated: 31 May 2022; Ref: scu.159160