The defendant in question had not give evidence.
Held: The correct approach to be followed by the judge was: ‘What the jury needed to be reminded of in his defence was relevant matter contained in his pre-trial statements and interviews with the police – copies of those documents were in their hands – and possibly such assistance, if any, as counsel had been able to extract from the Crown’s witnesses in cross-examination . . We must make this clear yet again, namely that it is no part of a judge’s duty to build up a defence for someone who has not chosen to give the jury the benefit of his version of material circumstances and events. The judge’s obligation is limited to reminding the jury, in summary form, of what the defendant is said to have stated as to those matters at some time or another pre-trial and what assistance, if any, the Crown’s witnesses have provided.’
Citations:
(1993) 97 Cr App R 349
Statutes:
Police and Criminal Evidence Act 1984 74
Jurisdiction:
England and Wales
Cited by:
Cited – Regina v Shanks CACD 19-Mar-2003
The appellant appealed his conviction for murder. He had shot his lover as she walked away from an argument. The fact of his conviction following mention of a guilty plea to possession of the firearm was complained of.
Held: The judge had . .
Cited – Hussain, Regina v (No 2) CACD 28-Apr-2016
. .
Lists of cited by and citing cases may be incomplete.
Criminal Practice
Updated: 06 May 2022; Ref: scu.223485
