Where a defendant was shown to have lied in the course of proceedings it need not always be necessary to give a Lucas direction. In some circumstances the jury could properly be expected not to follow a prohibited line of reasoning without such a direction. The direction may even confuse the jury sometimes. The underlying question was why the defendant had lied. It was better to approach this issue from a point of principle in each case than to try a detailed analysis of past cases.
Citations:
Times 12-Apr-2000, [2001] Crim LR 251, [2000] TLR 293
Citing:
Cited – Regina v Lucas (Ruth) CACD 1981
People sometimes tell lies for reasons other than a belief that they are necessary to conceal guilt.
Four conditions were identified which must be satisfied before a defendant’s lie could be seen as supporting the prosecution case:-
(1) . .
Cited by:
Cited – Regina v Barnett CACD 7-Feb-2002
The defendant gave three contradictory stories to explain a valuable painting found under his bed. He appealed his conviction, saying the judge should have given a Lucas direction to the effect that the fact that he had lied, did not mean inevitably . .
Cited – Hill (As Trustee In Bankruptcy of Nurkowski) v Spread Trustee Company Ltd and Another CA 12-May-2006
The defendants sought relief for transactions entered into at an undervalue. The bankrupt had entered into charges and an assignment of a loan account in their favour before his bankruptcy, and the trustee had obtained an order for them to be set . .
Cited – Eyres v Atkinsons Kitchens and Bedrooms Ltd CA 24-Apr-2007
The driver appealed dismissal of his claim for personal injuries against his employer. He had crashed, but said that he had been awake for 19 hours.
Held: Both employer and employee must have been aware of the risks. The most likely . .
Cited – Lancashire County Council v R (A Minor) and others FD 4-Dec-2008
The local authority sought a care order, alleging serious physical abuse of the child. The mother said that any injuries had been inflicted by the father. The father said that the cause was the mother.
Held: The injuries were not likely to . .
Lists of cited by and citing cases may be incomplete.
Criminal Practice
Updated: 09 April 2022; Ref: scu.85406
