The judge’s notes had gone missing before the appeal.
Held: Applying Ellkiott, the simple fact that there is no shorthand note is not a ground for saying that the conviction is unsafe or unsatisfactory. For the appellant to claim that he must show something to suggest that there was an irregularity at the trial or a misdirection in the summing-up. Unless there is something to suggest that an error of that kind took place, the absence of a shorthand note simpliciter cannot cause the court to say that the verdict of the jury was unsafe or unsatisfactory.
Judges:
Lord Widgery CJ
Citations:
(1972) 56 Cr App R 727
Jurisdiction:
England and Wales
Citing:
Cited – Regina v Elliott 1909
The absence or insufficiency of a shorthand note is not of itself a ground upon which a prisoner can succeed upon appeal, nor the existence of a proper note a condition precedent to a good trial. Where, however, there is reason to suspect that there . .
Cited by:
Cited – Bertrand Roberts and Roland Roberts v The State PC 15-Jan-2003
PC (Trinidad and Tobago) The appellants had been convicted of murder and their capital sentences commuted. They now sought to challenge the convictions as to the admission of and directions given on the . .
Lists of cited by and citing cases may be incomplete.
Criminal Practice
Updated: 06 May 2022; Ref: scu.182416