On trial of a charge of supplying a motor vehicle in an un-roadworthy condition, a prosecution witness (the person to whom the vehicle was supplied) had difficulty in locating the Court House. Before he arrived, the prosecution had closed its case, and the defendant had given evidence in chief, but there had been no submission. The Justices allowed the prosecution to re-open its case.
Held: The appeal failed. The Justices had a discretionary power to admit the evidence, but the issue was as to the circumstances in which that power should be exercised. The stressed the exceptional nature of the contingency, and the fact that the Justices seemed to have been satisfied that the evidence could be admitted without unfairness to the defendant.
Judges:
Leggatt LJ
Citations:
[1992] RTR 312
Jurisdiction:
England and Wales
Citing:
Cited – Regina v Pilcher 1974
The prosecutor had closed his case, and the defendant had presented some evidence. It became clear that the prosecutor had failed to present evidence on one element, and the defendant appealed his conviction after the prosecutor had been allowed to . .
Cited by:
Cited – Christopher James Jolly v Director of Public Prosections Admn 31-Mar-2000
At trial in the magistrates court, the prosecution had failed to bring evidence that the computer used to analyse the defendant’s breath alcohol was in proper working condition. The defendant submitted no case to answer, and the magistrates allowed . .
Lists of cited by and citing cases may be incomplete.
Road Traffic, Magistrates
Updated: 25 November 2022; Ref: scu.195676