swarb.co.uk - law index
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Evidence - From: 2000 To: 2000
This page lists 10 cases, and was prepared on 21 May 2019.
Regina v Koerns [2000] Crim LR 473
2000
CACD
Evidence
1 Citers
Regina v O'Brien; Regina v Hall; Regina v Sherwood Times, 16 February 2000; [2000] EWCA Crim 3; 98/6926/27/28 SI
16 Feb 2000
CACD
Lord Justice Roch
Evidence
It is proper for the court to admit psychiatric evidence of a defendant's particular readiness to make false confessions. Such evidence should however be closely circumscribed, and should include for example, that it makes the evidence gained unreliable, that the behaviour pattern is significantly different from the norm, and that there is some evidence independent of the defendant of his suggestibility. The court emphasised "the need to have defined limits for the case in which expert evidence of the kind we have heard may be used. First the abnormal disorder must not only be of the type which might render a confession or evidence unreliable, there must also be a very significant deviation from the norm shown."
1 Cites
1 Citers
[ Bailii ]
WH Smith Ltd v Colman; CA 20-Mar-2000 - (Unreported 20 March 2000)
Christopher James Jolly v Director of Public Prosections [2000] EWHC Admin 316
31 Mar 2000
Admn
Kennedy LJ, Butterfield J
Magistrates, Evidence
At trial in the magistrates court, the prosecution had failed to bring evidence that the computer used to analyse the defendant's breath alcohol was in proper working condition. The defendant submitted no case to answer, and the magistrates allowed the prosecutor to re-open his case to put the evidence. The defendant appealed. Held: The appeal was refused. The court reviewed the cases describing when a prosecutor might be allowed to re-open his case, and this case fell within the rules.
Kennedy LJ: "In my judgment any trial court must recognise that it is the duty of the prosecution to call its evidence before closing its case. But it is now beyond argument that there is a general discretion to permit the calling of evidence at a later stage, which extends in a Magistrates' Court up to the time when the Bench retires."
1 Cites
1 Citers
[ Bailii ]
B v Chief Constable of Avon and Somerset Constabulary; QBD 5-Apr-2000 - [2001] 1 WLR 340; [2000] Po LR 98; [2000] EWHC 559 (QB); [2001] 1 All ER 562
Merrill Lynch, Pierce Fenner and Smith Inc v Raffa; 11-May-2000 - [2001] 1 LPR 31
Regina v Okolie Times, 16 June 2000
16 Jun 2000
CACD
Evidence, Criminal Practice
Evidence is always required on matters relating to foreign law, and such evidence given in person unless it was agreed or no issue was taken. Untranslated reports of stolen vehicles prepared by employees of the person who claimed to have been the victim of the theft had been incorrectly relied upon by the judge.
1 Cites
Society of Lloyd's v Jaffray and others; QBD 3-Aug-2000 - Times, 03 August 2000
Dean Cedeno v Kenwin Logan [2000] UKPC 48; Appeal No 34 of 1999)
18 Dec 2000
PC
Lord Hope of Craighead, Lord Cooke of Thorndon, Lord Hutton, Lord Hobhouse of Woodborough, Lord Millett
Commonwealth, Evidence
(Trinidad and Tobago) The defendant appealed conviction and sentence for larceny, based on identification evidence. He said that the magistrate had failed to give proper weight to the need, pace Turnbull, to be careful in accepting identification evidence. The Appeal court had also proceeded without having proper documentation from the hearing. Held: The appeal court had adequate information on which to test the matters in issue. Counsel had also warned the magistrates of the need for care in accepting the identification evidence. Appeal dismissed. In view of the exceptional failures of the prosecution, costs would be awarded to the defendant.
1 Cites
[ Bailii ] - [ PC ] - [ PC ]
Fuller v Strum; ChD 20-Dec-2000 - Gazette, 08 February 2001; Times, 14 February 2001; [2001] WTLR 677
