Referring to the standard alibi direction, ‘As the prosecution has to prove his guilt so that you are sure of it, he does not have to prove he was elsewhere at the time. On the contrary, the prosecution must disprove the alibi.’ the court said that ‘while such a direction ‘should routinely be given’ a failure to give it will not automatically render a conviction unsafe. That depends upon the facts of each case and the strength of the evidence.’ An alibi is sometimes invented to bolster a true defence.
Citations:
[1996] Cr App Rep 39
Jurisdiction:
England and Wales
Cited by:
Cited – Regina v Elliott CACD 22-Dec-1997
The defendant appealed from convictions of wounding with intent, and murder. The issue was one of identification, and he criticised the absence of a full Turnbull direction.
Held: A Turnbull warning should warn the jury of the dangers inherent . .
Lists of cited by and citing cases may be incomplete.
Criminal Practice
Updated: 08 October 2022; Ref: scu.187262
