The complainant had been cross-examined for some time but became ill and was incapable of continuing to give evidence. The trial judge allowed the trial to continue, but gave the jury a clear warning as to how they should approach their task. The defendant appealed.
Held: The appeal failed. A trial judge has a discretion to allow the trial to continue in circumstances where the medical evidence showed that it would be undesirably, and forensically most unfair, to have the witness back in the witness box, or to be called in a new trial. It was a correct exercise of the judge’s discretion to continue the trial. He had given the jury the clearest possible warning about the potential unfairness to the defendant.
Citations:
(1988) 86 Cr App R 7
Jurisdiction:
England and Wales
Cited by:
Cited – Pipe, Regina v CACD 18-Nov-2014
The defendant appealed against conviction and sentence for sexual assaults on a 15 year old girl. The complainaint had become so upset that the judge had disallowed continued cross-examination. The defence was as to her credibility.
Held: The . .
Lists of cited by and citing cases may be incomplete.
Criminal Practice
Updated: 04 May 2022; Ref: scu.540495