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These 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.  














Criminal Evidence - From: 1996 To: 1996

This page lists 23 cases, and was prepared on 21 May 2019.

 
Regina v Lee (Robert) Ind Summary, 05 February 1996
5 Feb 1996
CACD

Criminal Evidence
'threat of injury' included risk of injury to others not just child witness.
Criminal Justice Act 1988 32(1)(b) 32(2)(a)

 
Murray v The United Kingdom Times, 09 February 1996; 18731/91; [1996] ECHR 3; (1996) 23 EHRR 313; [1996] 22 EHRR 29
8 Feb 1996
ECHR
R Ryssdal, President
Human Rights, Criminal Evidence
The applicant had been denied legal advice for 48 hours after he had been taken into custody. Held: There had been a violation of article 6(1) read with article 6(3)(c). However, it was not a breach of human rights to draw inferences from the silence of a defendant. The privilege against self-incrimination is not an absolute right.
As to the US judgment in Miranda, Walsh J, dissenting in part, pointed out that the US Supreme Court had affirmed that the constitutional protection against self-incrimination contained in the Fifth Amendment: "guarantees to the individual the 'right to remain silent unless he chooses to speak in the unfettered exercise of his own free will' whether during custodial interrogation or in court."
European Convention on Human Rights 691) 693)(c)
1 Cites

1 Citers

[ Bailii ]

 
 Regina v Dragic; CACD 7-Mar-1996 - Times, 07 March 1996; (1996) 2 CAR 232
 
Regina v Day (Barry Ronald) Times, 08 March 1996
8 Mar 1996
CACD

Criminal Evidence
Video evidence of child over 14 but under 17 may be admissible as exception.
Criminal Justice Act 1988 33A

 
Regina v Brown Times, 19 March 1996
19 Mar 1996
CACD

Criminal Evidence
Low intelligence falling short of impairment was not a germane factor in the test of duress.


 
 Regina v Horseferry Road Magistrates Court Ex Parte Doung; QBD 22-Mar-1996 - Times, 22 March 1996
 
Doorson v The Netherlands 20524/92; (1996) 22 EHRR 330; [1996] ECHR 14
26 Mar 1996
ECHR

Human Rights, Criminal Evidence
Evidence was given in criminal trials by anonymous witnesses and evidence was also read as a result of a witness having appeared at the trial but then absconded. The defendant was convicted of drug trafficking. As regards the anonymous witnesses, they were ultimately questioned at an appeal stage, in the presence of counsel, but not the defendant, and without the identity of the witnesses being revealed to counsel. Held: Admissibility of evidence is primarily a matter of domestic law. The Convention does not guarantee a right to face to face confrontation. Even in the case of anonymous witnesses, the Court accepted that exceptions may be made, provided that sufficient steps are taken to counter-balance the handicaps under which the defence laboured and a conviction is not based solely or decisively on anonymous statements.
"While it would clearly have been preferable for the applicant to attend the questioning of the witnesses, the court considers on balance that the Amsterdam Court of Appeal was entitled to consider that the interests of the applicant were in this respect outweighed by the need to ensure the safety of the witnesses." and "principles of fair trial also require that in appropriate cases the interests of the defence are balanced against those of witnesses or victims called upon to testify"
European Convention on Human Rights 6
1 Citers

[ Worldlii ] - [ Bailii ]

 
 Regina v Acott; CACD 5-Apr-1996 - Times, 05 April 1996; [1997] 2 Cr App R 94
 
Regina v Myers Times, 23 April 1996
23 Apr 1996
CACD

Criminal Evidence
An inadmissible statement which was exculpatory of a co-defendant was admissible for that co-defendant.
Police and Criminal Evidence Act 1984


 
 Regina v Adams; CACD 26-Apr-1996 - Times, 09 May 1996; [1996] EWCA Crim 222; [1996] 2 Cr App R 467; [1996] Crim LR 898
 
T v Director of Public Prosecutions, H v Director of Public Prosecution, L v Director of Public Prosecutions Times, 31 May 1996; [1996] EWCA Crim 313
2 May 1996
CACD

Criminal Evidence, Crime
A child's knowledge that an action was seriously wrong had been found by court without direct evidence.
[ Bailii ]

 
 Regina v Khan (Sultan); HL 2-Jul-1996 - Gazette, 24 July 1996; Times, 05 July 1996; [1997] AC 558; [1996] UKHL 14; [1996] 3 All ER 289; [1996] 3 WLR 162; (1996) 2 CHRLD 125; [1996] 2 Cr App R 440
 
Regina v W (G); Regina v W (E) Gazette, 24 July 1996
24 Jul 1996
CACD

Criminal Evidence
Possessor of documents has a first duty to assess relevance of them before being required to produce them.


 
 Regina v Brown, Wilson, Mcmillan and McClean; CACD 31-Jul-1996 - [1996] EWCA Crim 724

 
 Regina v Beedles; CACD 31-Jul-1996 - [1996] EWCA Crim 740

 
 Regina v Doheny, Adams; CACD 31-Jul-1996 - Times, 14 August 1996; [1996] EWCA Crim 648; [1996] EWCA Crim 728; [1997] 1 Cr App R 369
 
Ferrantelli and Santangelo v Italy 19874/92; [1996] 23 EHRR 288; [1996] ECHR 29
7 Aug 1996
ECHR

Human Rights, Criminal Evidence
The matter of admissibility of evidence is primarily one for the national courts: "It [the Court] recalls that the admissibility of evidence is primarily a matter for regulation by national law and, as a rule, it is for the national courts to assess the evidence before them. The Court’s task is to ascertain whether the proceedings considered as a whole, including the way in which the evidence was taken, were fair."
1 Citers

[ Bailii ] - [ Bailii ]
 
Regina v Duguid [1996] EWCA Crim 1197
24 Oct 1996
CACD

Criminal Evidence
The defendant appealed a conviction for robbery. He had been advised not to give evidence for fear of allowing into evidence a previous conviction. He said that advice was bad. Held: That advice was bad in law. His explanation that he was concerned at having cannabis whilst on licence would not have led to the nature of his conviction being put to the court. A retrial was ordered.
[ Bailii ]
 
Regina v Holt; Regina v Bird Times, 31 October 1996
31 Oct 1996
CA

Criminal Evidence
Courts are to use written witness statements where the witness refuses to give oral evidence for fear.
Criminal Justice Act 1988 23


 
 Regina v Carter; CACD 14-Nov-1996 - Times, 14 November 1996
 
Regina v Major Sandhu Times, 02 January 1997; [1996] EWCA Crim 1677; [1998] 1 PLR 17
10 Dec 1996
CACD
Lord Bingham of Cornhill LCJ, Sachs, Toulson JJ
Criminal Evidence
The defendant appealed his conviction and sentence for infringements of the 1990 Act. The house was already very severly dilapidated when it came to be listed. He was accused of making changes outside the extent of the listed buildings consent he had obtained. Held: The offence was one of strict liability, and guilt did not depend upon any mens rea. However the prosecution had added evidence that the defendant intended to break the regulations. He had complained that this evidence was not intending to prove any necessary part of the offence and was merely prejudicial. The judge's reasoning was unsound. Evidence which went to prove elements beyond the necessary elements of the offence and which was prejudicial was not admissible.
Planning (Listed Buildings and Conservation Areas) Act 1990 7 9 - Police and Criminal Evidence Act 1984 78
1 Citers

[ Bailii ]
 
Regina v Balogun CA Crim 1731
17 Dec 1996
CACD

Criminal Evidence
The defendant appealed convictions for importing cocaine. There had been admitted a letter written to her which was strongly suggestive of her being involved in drug smuggling. She claimed that any relevance was drowned in the prejudicial effect of the letter. The letter was introduced as real evidence, not to show the truth of its contents. However the court felt that the prejudice was overwhelming, and the conviction was set aside.
[ Bailii ]

 
 Saunders v The United Kingdom; ECHR 17-Dec-1996 - Times, 18 December 1996; 19187/91; [1997] 23 EHRR 313; 1996-VI; [1998] 1 BCLC 362; [1996] ECHR 65; 2 BHRC 358; [1997] BCC 872
 
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