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 faulty, but the evidence was strong and there had been no miscarriage of justice.
Judges:
Kennedy LJ VP QB, Poole, David Steele JJ
Citations:
[2001] EWCA Crim 2545, [2002] Crim LR 526, [2002] 2 Cr App R 8
Links:
Statutes:
Criminal Justice and Public Order Act 1994 35(2)
Jurisdiction:
England and Wales
Citing:
Cited – Regina 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 – David Gordon Radford v Kent County Council Admn 18-Feb-1998
. .
Cited – 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 . .
Cited – Regina v John Victor Hayward, Anthony William Jones, Paul Nigel Purvis CACD 31-Jan-2001
A defendant can forego his right to attend his trial, but he still had the general right to be present, and to have legal representation at the trial. The court’s discretion to proceed in his absence should only be exercised with great care. A trial . .
Lists of cited by and citing cases may be incomplete.
Criminal Practice
Updated: 16 August 2022; Ref: scu.406606