(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.
Citations:
Independent 12-Jan-1995, Times 28-Dec-1994, [1994] UK PC 1, [1995] 1 WLR 194, No 22 of 1993, [1994] UKPC 49
Links:
Cited by:
distinguished – Codrington v the Queen (Belize) PC 27-Mar-1996
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 . .
Cited – Boodram v The State PC 10-Apr-2001
(Trinidad and Tobago) On a retrial, the defendant’s counsel only became aware that there had been an earlier trial late in the proceedings, and, when he became aware of it, he did not try to obtain the transcript of the first trial in order to . .
Cited – Anderson v HM Advocate HCJ 1996
The court considered the effect on a conviction of a failure by defence counsel. After considering the authorities: ‘It can only be said to have resulted in a miscarriage of justice if it has deprived the accused of his right to a fair trial. That . .
Cited – Bally Sheng Balson v The State PC 2-Feb-2005
PC (Dominica) The appellant had been convicted of the murder of his partner and appealed the conviction.
Held: The case did not fall within the case of Anderson, and counsel’s failure was not such as to . .
Lists of cited by and citing cases may be incomplete.
Criminal Practice, Commonwealth
Updated: 20 May 2022; Ref: scu.89005
