Krishna v The State: PC 6 Jul 2011


(Trinidad and Tobago) The applicant appealed against his conviction for murder, complaining as to the way a former co-accused had been allowed to give evidence and the admission of a confession, saying that he had been beaten by police officers.
Held: Though the judge when mentioning the voir dire was following the then practice, the repeated mention of his findings on the voir dire made the conviction unsafe in suggesting the unreliability of the defendant.
Far from inviting the jury to treat the co-defendant’s evidence with caution, he had called him a star witness. The judge should have give an accomplice warning, and what he did say was far short of this, and a misdirection.
Whilst the judge’s failure to give a good character direction was a fault, it would not on its own have been sufficient to undermine the conviction.

Lord Phillips, Lord Mance, Lord Clarke, Lord Hamilton (Scotland), Sir Henry Brooke
[2011] UKPC 18
CitedDavies v Director of Public Prosecutions HL 1954
Half a dozen youths engaged in a fist fight with another group, but one of their number suddenly produced a knife and stabbed one of their opponents to death. One of the prosecution witnesses was a youth named Lawson. He gave evidence of an oral . .
CitedMitchell v The Queen PC 24-Jan-1998
(Bahamas) The judge’s decision on a voire dire to determine the admissibility of a confession should not be revealed to the jury since it might cause unfair prejudice to the defendant by conveying the impression that the judge had reached a . .
CitedThompson v The Queen PC 16-Feb-1998
(Saint Vincent and the Grenadines) When a defendant is of good character, ie has no convictions of any relevance or significance, he is entitled to the benefit of a good character direction from the judge when summing up to the jury, tailored to fit . .
CitedRegina v Aziz; Regina v Tosun; Regina v Yorganci HL 16-Jun-1995
The defendant (one of three) relied upon his part exculpatory statement made in interview and did not give evidence. The judge said that his good character was relevant as to his own propensity, and the character of the others was relevant to their . .
CitedMantoor Ramdhanie and others v The State PC 15-Dec-2005
PC (Trinidad and Tobago) The defendant appealed his conviction, saying he had not been properly able to pur forward his evidence of good character. The judge had prevented the defence putting questions to show a . .
CitedTeeluck and John v The State PC 23-Mar-2005
(Trinidad and Tobago) The defendant appealed against his conviction saying that his defence had been incompetent in having failed to require the judge to give a good character direction to the jury.
Held: The appeal was allowed. Recent cases . .
CitedBarrow v The State PC 23-Mar-1998
(Trinidad and Tobago) If the credibility of a defendant is an issue, a good character direction is always relevant and should be given. However, there is no general duty on a judge to inquire into the issue of the accused’s character if this has not . .

Lists of cited by and citing cases may be incomplete.

Commonwealth, Crime

Updated: 01 November 2021; Ref: scu.441516