The defendant appealed alleging a misdirection of the jury by the judge.
Held: du Parcq J said: ‘it is most unsatisfactory that grounds of appeal should be drawn with such vagueness as we find in the present case . . It has been said many times in this Court that particulars must be given in the grounds of appeal. If misdirection is complained of, it must be stated whether the alleged misdirection is one of law or fact and its nature must also be stated. If omission is complained of, it must be stated what is alleged to have been omitted. It is not only placing an unnecessary burden on the Court to ask it to search through the summing up and the transcript of evidence to find out what there may be to be complained of, but it is also unfair to the prosecution, who are entitled to know what case they have to meet. We hope that it will not again be necessary to point out a similar inadequacy in grounds of appeal.’
Judges:
du Parcq J
Citations:
[1938] 26 Cr App R 211
Cited by:
Cited – Regina v Errol Garvey CACD 30-Jan-2002
The appellant appealed a conviction for manslaughter and his sentence. There was a history of conflict between the appellant and the victim, and both had met up carrying knives. Witnesses said the appellant was the attacker. He claimed the judge had . .
Lists of cited by and citing cases may be incomplete.
Criminal Practice
Updated: 08 May 2022; Ref: scu.182994