Regina v Bagshaw, Holmes and Starkey: CA 1984

The defendants were nurses at a mental hospital, charged with assaulting their patients. They complained that the judge had not given the full direction as to the dangers of relying upon the uncorroborated evidence of of unreliable witnesses, they being detained mental patients.
Held: In this case full warnings of the sort requested were essential. The evidence of the witnesses was untreliable, and in the absence of an appropriate warning, the convictions were overturned.
References: [1984] 1 All ER 971, [1984] 1 WLR 477
Jurisdiction: England and Wales
This case cites:

  • Applied – Director of Public Prosecutions v Hester CACD 1972
    . .
    ([1972] CLY 631)
  • Applied – Regina v Kilbourne HL 1973
    The respondent was convicted of sexual offences against two groups of boys. The trial judge directed the jury that they would be entitled to take into account the uncorroborated evidence of the second group as supporting evidence given by the first . .
    ([1973] AC 729, [1973] 1 All ER 440, [1973] 2 WLR 254)

This case is cited by:

  • Not followed – Regina v Spencer; Regina v Smails HL 24-Jul-1986
    The defendants were nurses employed at Rampton secure hospital accused of assaults on patients. The witnesses against them had been inmates. They complained that the judge had failed to direct the jurors about the dangers of relying upon their . .
    ([1987] AC 128, , [1987] UKHL 2, [1986] 3 WLR 348, [1986] 83 Cr App Rep 277, [1986] 2 All ER 928)

These lists may be incomplete.
Last Update: 27 November 2020; Ref: scu.191976