The trial judge allowed a doctor who had already given evidence in the case, to be recalled to give evidence in answer to a question raised by the jury after its retirement.
Held: The conviction was quashed: ‘ . . Once the summing up is concluded, no further evidence ought to be given. The jury can be instructed in reply to any question they may put on any matter on which evidence has been given, but no further evidence should be allowed.’
Judges:
Lord Goddard CJ
Citations:
[1952] 36 CAR 16
Jurisdiction:
England and Wales
Cited by:
Cited – Regina v Gearing CACD 1966
Lord Parker CJ said: ‘It has always been a very strict rule of this court that no evidence whatever must be introduced after the jury have retired.’ . .
Cited – Regina v Karakaya CACD 16-Feb-2005
No Internet Research for juror
After conclusion of the trial, the jury bailiff discovered notes in the jury room which indictated that the jury, after they had retired for their verdict, had read and discussed notes obtained by a juror from the Internet relating to the case.
Cited – Regina v Wilson QBD 1957
‘The principle that, once the summing up is concluded, no further evidence ought to be given, must be maintained in every case, and, if further evidence is allowed at that stage, . . the conviction will be quashed.’ The court considered the nature . .
Lists of cited by and citing cases may be incomplete.
Criminal Practice
Updated: 23 June 2022; Ref: scu.223467