In considering whether a matter should have been addressed by the judge in summing up the court should consider whether it was an issue which was ‘actively canvassed in the course of the hearing’. For the judge to raise it for the first time after a party had finished his summing up, meant that counsel had had no opportunity to deal with it in their speeches to the jury. He ought to have given notice to them, in the interests of fairness
Judges:
Watkins LJ
Citations:
(1987) Crim LR 504
Jurisdiction:
England and Wales
Cited by:
Cited – Regina v Ryan CACD 31-Oct-1996
The defendant appealed convictions for possession of cannabis with intent to supply. He had been seen apparently passing packages to individuals outside a pub, and cannabis wraps were found on him, but no money. The judge directed the jury, . .
Lists of cited by and citing cases may be incomplete.
Criminal Practice
Updated: 06 May 2022; Ref: scu.183333
