There is no rule requiring full a corroboration direction to be given for a co-defendant’s evidence to be admitted. The Court of Appeal recommended a review of law on corroboration of a witness’s evidence. Lord Taylor CJ said: ‘The rule of practice that some warning, but not necessarily a full corroboration warning, is required where a witness, e.g. a co-defendant, may have a purpose of his own to serve was reaffirmed in Knowlden . .’
Judges:
Lord Taylor CJ
Citations:
Gazette 03-Nov-1993, Times 06-Oct-1993, Independent 05-Sep-1993, [1994] 1 WLR 147, (1993) 98 Cr App R 195
Jurisdiction:
England and Wales
Citing:
Approved – Regina v Knowlden and Knowlden CACD 1983
The court set out warnings for the jury when considering evidence from a co-accused. The rule in Prater was not a rule of law but ultimately in the discretion of the judge: and that ‘the customary clear warning to examine the evidence of each . .
Cited – Regina v Prater CCA 1960
Where one defendant gave evidence incriminating his co-defendant, just as in cases where an accomplice gave evidence for the prosecution, a full corroboration warning was desirable. . .
Cited by:
Cited – Regina v Jones; Regina v Jenkins CACD 5-Jun-2003
Where each of more than one defendants asserted that he was not responsible for the crime, the jury should be directed (in addition) that they should consider the case of each defendant separately, the case should be considered as a whole, including . .
Cited – Holder v The State PC 9-Jul-1996
(Trinidad and Tobago) The Board granted special leave for the defendant to appeal his conviction for murder and sentence to death. The murder was committed during a violent robbery and the defendant convicted as part of the joint enterprise. He said . .
Cited – Petkar and Farquar, Regina v CACD 16-Oct-2003
The defendants appealed their convictions and sentence for theft. Whilst employed by a bank thay had arranged for transfers to their own account. Each blamed the other. They appealed on the basis that the direction on their silence at interview was . .
Cited – Regina v Burrows CACD 23-Apr-1999
One defendant had been found when searched to have a plastic egg-shaped capsule with crack cocaine inside. He now appealed the direction given to the jury as to the evidence against him given by a co-defendant.
Held: The appeal was dismissed, . .
Cited – Regina v Jones and Jenkins CACD 6-Jun-2003
The two defendants appealed against their convictions for murder. On the prosecution case it was joint enterprise; Jones’ case was that both had indeed attacked the victim, but had caused him only minor injuries and that the fatal injuries had been . .
Lists of cited by and citing cases may be incomplete.
Criminal Practice
Updated: 25 October 2022; Ref: scu.86332