Staughton LJ discussed the admission against a defendant of the fact of a co-defendant’s conviction: ‘On the more general question whether, if objection had been taken under section 78, the evidence should have been excluded, we have paid particular attention to the observation in Curry [(unreported, April 28, 1998, CA)], ‘where the evidence expressly or by necessary inference imports the complicity of the person on trial it should not be used’. The effect of admitting a conviction as evidence of the complicity of the defendant is that the prosecution will not have to call the person convicted as a witness, to give evidence on oath.’
Judges:
Staughton LJ
Citations:
(1990) 90 Cr App R 14
Statutes:
Police and Criminal Evidence Act 1984 74(1) 74(2)
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 . .
See Also – Girma and Others, Regina v (Rev 1) CACD 15-May-2009
The court asked whether the conviction of a co-defendant was correctly admitted as evidence against her co-accused, and if not what was the effect on the fairness of the trial.
Held: The plea of the co-defendant should not have been admitted. . .
Lists of cited by and citing cases may be incomplete.
Criminal Practice
Updated: 06 May 2022; Ref: scu.223484
