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swarb.co.uk - law indexThese cases are from the lawindexpro database. They are now being transferred to the swarb.co.uk website in a better form. As a case is published there, an entry here will link to it. The swarb.co.uk site includes many later cases. |
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Criminal Evidence - From: 1993 To: 1993This page lists 21 cases, and was prepared on 21 May 2019. Regina v Bailey [1993] CLR 860 1993 CACD Criminal Evidence The court held that corroboration which goes to the heart of the dispute as to whether or not the complainant had consented to whatever the Defendant was doing, was enough to remove the danger of convicting on the evidence of the complainant alone: "Where there is corroborative evidence going to the heart of the dispute it would be unreal nevertheless solemnly to warn the Jury that, because the case involved a sexual complaint, there still remained a particular danger of convicting the accused without some additional confirmatory evidence, without some corroboration of the further element necessary to establish attempted rape rather than indecent assault or to establish either count rather than a completely non- sexual assault" 1 Citers Stobo v HM Advocate 1993 SCCR 1105 1993 HCJ Crime, Scotland, Criminal Evidence 1 Citers Regina v Derby Magistrates Court, ex parte Brooks; 1993 - (1994) 80 Crim App R 164 Regina v Hill (1993) 96 Cr App R 456 1993 CACD Waterhouse J Criminal Evidence The court was asked whether the prosecution had established that the substance involved in the case was the drug mentioned in the charge. Held: Waterhouse J stated: " . . the prosecution must establish the identity of the drug that is the subject of the charge with sufficient certainty to achieve the standard of proof required in a criminal case." 1 Citers Regina v Sidhu; CACD 22-Feb-1993 - Ind Summary, 22 February 1993; (1994) 98 Cr App R 59 Regina v Ananthanarayanan; CACD 11-Mar-1993 - Times, 16 March 1993; Gazette, 26 May 1993; [1994] 9 CLY 97 Regina v Bailey and Another; CACD 30-Mar-1993 - Independent, 30 March 1993 Regina v Stockwell Ind Summary, 05 April 1993; [1993] 97 Cr App R 260 5 Apr 1993 CA Lord Taylor CJ, Henry and Blofeld JJ Criminal Evidence Expert evidence of facial comparison was admissible if the information and assessment are not otherwise available to the jury. As to Turner: "It is to be noted that Lawton LJ there referred to a jury forming their own conclusions 'without help'. Where, for example, there is a clear photograph and no suggestion that the subject has changed his appearance, a jury could usually reach a conclusion without help. Where, as here, however, it is admitted that the appellant had grown a beard shortly before his arrest, and it is suggested further that the robber may have been wearing clear spectacles and a wig for disguise, a comparison of photograph and defendant may not be straightforward. In such circumstances we can see no reason why expert evidence, if it can provide the jury with information and assistance which they would otherwise lack, should not be given. In each case it must be for the judge to decide whether the issue is one on which the jury could be assisted by expert evidence, and whether the expert tendered has the expertise to provide such evidence." and "In each case it must be for the jury to decide whether the issue is one on which the jury could be assisted by expert evidence." 1 Cites 1 Citers Regina v Rothwell; CACD 27-Apr-1993 - Times, 27 April 1993 Regina v Cardiff Crown Court, Ex Parte Kellam Times, 03 May 1993 3 May 1993 QBD Criminal Evidence Hospital admission records not disclosable to Police without patient's consent. Police and Criminal Evidence Act 1984 11 12 Pretore Di Genova v Banchero Times, 20 May 1993; C-157/92 20 May 1993 ECJ Criminal Evidence Where there had been given insufficient information in the request made to the court for a ruling, the application was inadmissible. It contained only vague references to the factual and legal situations contemplated by the Court, to the extent that the European Court could not provide a useful interpretation based upon it. Regina v Setz-Dempsey and Another; CACD 24-Jun-1993 - Times, 20 July 1993; Independent, 24 June 1993 Lockheed-Arabia v Owen Gazette, 07 July 1993 7 Jul 1993 CA Criminal Evidence A photocopy of a cheque had been taken. The cheque itself was subsequently stolen. An expert gave evidence on the authenticity of the signature without having seen the original. It was held that statutory provisions were wide enough to allow the judge to give the photocopy the same status as the original for this purpose. Criminal Procedure Act 1865 8 Regina v Wren; CACD 13-Jul-1993 - Times, 13 July 1993; Ind Summary, 09 August 1993; [1993] CLR 952 Regina v Smurthwaite; Regina v Gill; CACD 5-Oct-1993 - Gazette, 13 October 1993; Ind Summary, 11 October 1993; Times, 05 October 1993; [1994] 98 Cr App R 437 Regina v Cain; CACD 1-Nov-1993 - Ind Summary, 01 November 1993; [1994] 2 All ER 398 Regina v Hughes; CACD 12-Nov-1993 - Gazette, 08 December 1993; Ind Summary, 29 November 1993; Times, 12 November 1993 Regina v Schaub, Regina v Cooper (Joey) Times, 03 December 1993; Gazette, 02 February 1994 3 Dec 1993 CA Criminal Practice, Criminal Evidence The use of witness screens is prejudicial to the defendant, and are only to be used exceptionally to protect adults. Regina v Skinner; CACD 6-Dec-1993 - Ind Summary, 06 December 1993; [1994] 99 CAR 212 Regina v Kelt; CA 15-Dec-1993 - Gazette, 26 January 1994; Times, 15 December 1993 Regina v Deen; CACD 21-Dec-1993 - Times, 10 January 1994 |
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