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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.  














Evidence - From: 1993 To: 1993

This page lists 13 cases, and was prepared on 21 May 2019.

 
F v Kennedy (No. 1) 1993 SLT 1277
1993


Children, Evidence
The evidence of a child who is not a competent witness is not admissible.
1 Citers



 
 Anderson v Blashki; 1993 - [1993] 2 VR 89
 
Regina v Sheppard [1993] AC 80
1993
HL

Evidence
Where the prosecutor wishes to rely on evidence set out in a document produced by a computer, there must be affirmative evidence as to the computer's reliability in accordance with the requirements of Section 69. It can be either oral evidence or a written statement tendered in accordance with paragraph 8 of Schedule 3 to the 1984 Act.
Police and Criminal Evidence Act 1984 69
1 Cites

1 Citers


 
Regina v Ward [1993] 96 Crim App R 1
1993
CACD

Evidence, Criminal Practice
The court considered the admission of medical evidence to support other evidence against a defendant as to his propensity. "But we conclude on the authorities as they now stand that the expert evidence of a psychiatrist or a psychologist may properly be admitted if it is to the effect that a defendant is suffering from a condition not properly described as mental illness, but from a personality disorder so severe as properly to be categorised as mental disorder."
1 Cites

1 Citers


 
Regina v King's Lynn Justices, Ex parte Holland [1993] 1 WLR 324
1993
QBD

Criminal Practice, Evidence, Magistrates
Section 78 is properly applied in committal proceedings. Examining justices could exclude the evidence from their consideration only if satisfied that its admission at the trial would be so obviously unfair to the proceedings that no judge properly directing himself could admit it. Even in such a case it would generally be far better to leave the decision to the trial judge who will be in a better position to assess the effect on the fairness of the proceedings and have had greater experience of deciding such questions.
Police and Criminal Evidence Act 1989 78
1 Citers


 
Steel v Commissioner of the Metropolitan Police Unreported, 10 February 1993
10 Feb 1993

Beldam, Dillon, and Roch LJJ
Evidence, Litigation Practice
The plaintiffs sued three police officers for malicious prosecution. Specific discovery of documents relating to the previous misconduct of one of these officers was refused. Held: Appeal allowed. Confessions were the only evidence against the plaintiffs, who had served their time afer convictions for robbery which were subsequently quashed. They said the confessions were fabricated. Their appeals were allowed after evidence that officers had improperly procured the conviction of other defendants in similar ways. To succeed the plaintiffs had to prove that prosecutions were unfounded. The officers' state of mind was essential. Documents were sought to be discovered to provide evidence of similar facts in proof of the misconduct the prosecution. Evidence of the officers' dishonesty went beyond discrediting him as a witness. They showed similar conduct in other cases. The judge refused specific discovery saying it was not similar fact evidence. The matters relied on were not concerned to rebut a defence of accident or coincidence. They did not show system, and they had no direct probative value in relation to the issue in the present case. They were merely attacks on credit, and the plaintiffs already possessed ample evidence for this purpose. The appeal was allowed. At discovery the court lookd to potential rather than actual admissibility. "In my view conduct of this kind is so contrary to the expected standard of behaviour of an investigating police officer that, if proved, it is capable of rendering it more probable that the plaintiffs' alleged confession was not made and proving that D/Sgt Day had no sufficient belief in the grounds of and an improper motive for the prosecution of the plaintiffs." For the purpose of specific discovery, it was enough to show "sufficient similarity" (as opposed to a "striking similarity") between the other conduct and the conduct in the present action. He dismissed the "mere propensity" argument in these terms: "I consider the significance of the misconduct alleged went beyond mere propensity. All similar fact evidence relating to misconduct on other occasions could be stigmatised as showing a propensity to behave in that fashion, but the allegations in the present case, if accepted, show that on other occasions D/Sgt Day was prepared to pervert the course of justice in a manner which made it more probable that he did so on the occasion in question."
1 Cites

1 Citers


 
Fazil-Alizadeh v Nikbin 25 February 1993 (unreported); Court of Appeal (Civil Division) Transcript No 205 of 1993; Times, 19 March 1993
25 Feb 1993
CA
Simon Brown, Balcombe, Peter Gibson LJJ
Evidence, Litigation Practice
There are powerful policy reasons for admitting in evidence as exceptions to the without prejudice rule only the very clearest of cases. Unless this highly beneficial rule is most scrupulously and jealously protected, it will all too readily become eroded. The taped without prejudice conversation might have been taken to contain an admission by the claimant of the payment of £10,000 although he continued in his pleadings to deny such payment, but that did not come within the exception to the rule.
Simon-Brown LJ said that: "I add only this. There are in my judgment powerful policy reasons for admitting in evidence as exceptions to the without prejudice rule only the very clearest of cases. Unless this highly beneficial rule is most scrupulously and jealously protected, it will all too readily become eroded."
1 Citers



 
 Neill v North Antrim Justices and Another; HL 3-Mar-1993 - Gazette, 03 March 1993; [1993] 97 Cr App R 121
 
W F Trustees Ltd v Expo Safety Systems Ltd Times, 24 May 1993
24 May 1993
ChD

Litigation Practice, Evidence
The parole evidence rule is still valuable in respect of assessing the value of written instruments.

 
Daubert v Merrell Dow Pharmaceuticals Inc (1993) 509 US 579; 43 F3d 13; 113 SCt 2786; 125 L Ed 2; 61 USLW 4805; (1993) 27 Idaho 2797; 125 L Ed 2d 469; 27 USPQ2d 1200
28 Jun 1993


Evidence
United States Supreme Court - The court considered the Federal Rules of Evidence in the use of expert or skilled evidence: "If scientific, technical or other specialized knowledge will assist the trier of fact to understand the evidence or to determine a fact in issue, a witness qualified as an expert by knowledge, skill, experience, training, or education, may testify thereto in the form of an opinion or otherwise."
1 Citers


 
Regina v Duffas Times, 19 October 1993; Ind Summary, 11 October 1993
11 Oct 1993
CA

Evidence, Crime
A previous conviction involving dishonesty was not evidence that an act of receiving by a defendant was dishonest on this occasion.
Theft Act 1968 27(3)(b)

 
Regina v Goodwin Ind Summary, 06 December 1993; Times, 26 November 1993
26 Nov 1993
CA

Evidence, Criminal Practice
A defendant's claim of ignorance need not be considered to be an attack on the veracity of police officers.


 
 Regina v Robinson (Raymond); CACD 8-Dec-1993 - Gazette, 08 December 1993; Times, 25 November 1993; Ind Summary, 03 January 1994
 
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