(Trinidad and Tobago) The defendant appealed convictions for rape and other offences based upon identification evidence. He had not been represented at the trial. He had not been warned of his freedom to call witnesses.
Held: Where a defendant was unrepresented, the court should warn him of the advisability of having professional representation. Witnesses whose evidence might have been called by him would have given admissible and relevant evidence. The case was remitted for that evidence to be admitted, and the conviction re-examined by the Court of Appeal of Trinidad and Tobago. Time spent in prison after a notice of appeal has been lodged with the Board, should count toward time served.
Judges:
Lord Nicholls of Birkenhead Lord Hutton Lord Millett Lord Scott of Foscote Sir Andrew Leggatt
Citations:
[2002] UKPC 29, (Appeal No 76 of 2001)
Links:
PC, PC, Leslie Tiwari v. The S’ target=’_n’>PC, Bailii, PC
Jurisdiction:
Commonwealth
Citing:
Cited – Regina v Turnbull and Another etc CCA 9-Jun-1976
The defendants appealed against their convictions which had been based upon evidence of visual identification.
Held: Identification evidence can be unreliable, and courts must take steps to reduce injustice. The judge should warn the jury of . .
Cited – Regina v Carter (Josef) 1960
The defendant appealed against his conviction. Though unrepresented at trial, the judge had not informed him of his opportunity to call witnesses. Counsel had failed to attend and an adjournment has been refused.
Held: The appeal succeeded. A . .
Cited by:
Cited – Kumar Ali v The State (Appeal 56 of 2004) and Leslie Tiwari v The State PC 2-Nov-2005
PC (Trinidad and Tobago) The Board was asked to determine the date from which an unsuccessful appellant’s sentence should run. Pending an appeal or whilst on remand, a prisoner would be held in less demanding . .
Lists of cited by and citing cases may be incomplete.
Crime, Commonwealth, Evidence
Updated: 06 June 2022; Ref: scu.172279