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Criminal Evidence - From: 1998 To: 1998
This page lists 23 cases, and was prepared on 21 May 2019.
Regina v P (GR) [1998] Crim LR 663
1998
CACD
Criminal Evidence
1 Citers
Regina v Anthony Raynor [1998] EWCA Crim 79
14 Jan 1998
CACD
Criminal Evidence
Refusal of renewed application for leave to appeal - identification evidence - judge's direction adequate.
[ Bailii ]
Regina v N Times, 13 February 1998
13 Feb 1998
CACD
Criminal Evidence
Cases where the jury are to be allowed to draw inferences from silence, are to be limited to the situations as tightly defined under the Act.
Criminal Justice and Public Order Act 1994 34
Castle v Director of Public Prosecutions [1998] EWHC Admin 309
12 Mar 1998
Admn
Crime, Criminal Evidence
Appeal by case stated from conviction of possession of firearms (air rifles) within five years of release from prison. The court was asked as to whether they were 'lethal' Held: The appeal failed: " the Justices were entitled to reach the conclusions they did on the evidence before them. They were entitled to do that in the absence of specific evidence as to the effect of firing a pellet from these specific rifles. There was evidence that the rifles were fired and were operating normally as air rifles. It is against that background and, having regard to his employment, that Mr Lowe made the recommendation that they were suitable for use as target rifles and field hunting rifles for shooting small vermin respectively. Upon that evidence, the Justices were entitled to conclude, as they did, that an air rifle which was both capable of killing small vermin, or making an impression on a target could cause injury from which death might result if fired at point blank range at a vulnerable point of the body. Mr Lowe knew that the rifles were designed for that purpose. There was unchallenged evidence that he would sell them for that purpose. In those circumstances, there does not, in my judgment, have to be evidence of the observed effect upon a target or upon an animal to establish that the rifles were lethal within the meaning of the section. "
Firearms Act 1968 21(2)
1 Cites
[ Bailii ]
Regina v Islam Times, 18 March 1998; Gazette, 29 April 1998; [1998] EWCA Crim 904
18 Mar 1998
CACD
Buxton LJ, RougierJ, Denison QC CS
Criminal Evidence
Evidence of a recent complaint by the complainant in a sexual assault case could not itself corroborate the allegation made by the same person.
[ Bailii ]
Regina v Popat Times, 10 April 1998; [1998] EWCA Crim 1035; [1998] 2 Cr App R 208
23 Mar 1998
CACD
Hobhouse LJ
Criminal Evidence, Crime
Though an identification parade should be held whenever it would serve a useful purpose, where the evidence of identification by a witness was already complete and satisfactory there was no continuing obligation on the police to provide an identification parade.
1 Cites
1 Citers
[ Bailii ]
Regina v Daniel (Anthony Junior) Times, 10 April 1998
10 Apr 1998
CACD
Criminal Evidence
The jury may be invited beyond the terms of the Judicial Studies Board direction for drawing of adverse inferences to allow if they consider that delay was attributable to desire to fabricate a defence.
Criminal Justice and Public Order Act 1994 34
Regina v Fenton; CACD 23-Apr-1998 - [1998] EWCA Crim 1284
Regina v Hussain [1998] EWCA Crim 1283
23 Apr 1998
CACD
Criminal Evidence
The defendant had been convicted of involvement in a group attack. He had lied at the police station, and had not given some of the explanation he later gave at court. He appealed on the ground of the judges direction as to the evidence. The judge had failed to spell out the Lucas direction to the effect that the jury must reject each of the defendant's assertions in interview before relying upon the fact of a lie as an additional factor contributing to the evidence against him. In the course of a lengthy summing up where the judge had clearly endeavoured to be fair to the defendant, the error was not such as to make the conviction unsafe.
Criminal Justice and Public Order Act 1994
[ Bailii ]
Regina v Duffy Times, 02 May 1998
2 May 1998
CACD
Criminal Evidence
Evidence of witness which could only be understood by one individual placed him effectively as interpreter and so his interpretation was admissible. Video recording was admissible as document.
Criminal Justice Act 1988 23(1)
Regina v Roberts (Michael); Regina v Roberts (Jason); CACD 2-May-1998 - Times, 02 May 1998; [1998] EWCA Crim 1193
Regina v Duffy Gazette, 20 May 1998
20 May 1998
CACD
Criminal Evidence
Evidence of witness which could only be understood by one individual placed him effectively as interpreter and so his interpretation was admissible. Video recording was admissible as document
Criminal Justice Act 1988 23(1)
Regina v N Times, 15 July 1998
15 Jul 1998
CACD
Criminal Evidence
Where difficult points had arisen during a trial on evidential questions, it was appropriate for counsel and the judge to attempt to reach agreement on the way in which such issues should be dealt with in directions to the jury.
Regina v McGarry; CACD 16-Jul-1998 - Gazette, 20 October 1999; Times, 07 August 1998; Gazette, 16 September 1998; [1998] 3 All ER 805; [1999] Crim LR 316; [1998] EWCA Crim 2364; [1999] 1 Crim App R 377; [1999] 1 WLR 1500
Bailey v Director of Public Prosecutions Times, 30 July 1998
30 Jul 1998
QBD
Criminal Evidence
Where a defendant denied a conviction on his record and asserted that someone else had given his details to the police and the court, then that positive evidence to counter that must be brought before acting upon the conviction.
D v Director of Public Prosecutions Times, 07 August 1998
7 Aug 1998
QBD
Criminal Evidence
A failure to provide an identification parade need not be fatal to prosecution where there had been sufficient informal identification of the defendant by reference to clothing and approximate age.
Police and Criminal Evidence Act 1984 Code of Practice Code D para 2.3
White v The Queen; PC 10-Aug-1998 - Times, 25 September 1998; [1998] UKPC 38; [1999] AC 210
Regina v Taylor-Sabori; CACD 25-Sep-1998 - Times, 12 October 1998; Gazette, 14 October 1998; [1999] 1 WLR 858; [1998] EWCA Crim 2668
Regina v Radak; Regina v Adjei; Regina v Butler-Rees; Regina v Meghjee; CACD 7-Oct-1998 - Times, 07 October 1998
Regina v Owen; Regina v Stephen; CACD 11-Nov-1998 - Times, 11 November 1998; [1998] EWCA Crim 3142; [1999] 1 WLR 949
Attorney-General for Gibraltar v May and Others; CA 20-Nov-1998 - Times, 20 November 1998
Mohammed (Allie) v The State Times, 10 December 1998; [1998] UKPC 49; [1999] 2 AC 111
9 Dec 1998
PC
Lord Steyn
Criminal Evidence, Commonwealth
(Trinidad and Tobago) A failure to inform a suspect before interview of his right to see a lawyer did not make the interview inadmissible despite the constitutional infringement. It was not as serious as a failure to give fair trial. The judge's discretion was complete. Not only had the judge been wrong to allow prosecuting counsel to make any speech at all (the defence having called no evidence), but in prosecuting counsel's speech: "The prosecutor informed the jury of his view that the defendant was plainly guilty. He made emotional appeals for sympathy for the deceased and his family. He demanded that the jury should not let the defendant 'get away with it". He repeatedly 'urged' the jury to convict. His speech contained many inflammatory passages. The prosecutor had commenced his speech by saying 'I act as a minister of justice.' The contrary is the case: the prosecutor made a wholly improper speech. The judge's interventions during the speech were perfunctory. And in his summing up the judge did not direct the jury to disregard the speech. The judge told the jury in general terms not to be swayed by emotion but he said nothing to counteract the prejudice which the speech of the prosecutor was calculated to generate in the minds of the jurors."
1 Citers
[ Bailii ]
Regina v Owen; R v Stephen Gazette, 10 December 1998
10 Dec 1998
CACD
Criminal Evidence
A recorded prisoner's telephone call from prison was admissible in evidence without the defence having any right to challenge where the interceptor established a presumption of consent to the interception because of warnings given to prisoners.
Interception of Communications Act 1985 9