PC (Trinidad and Tobago) Where the matter at issue is the exercise of a discretion by a trial judge. ‘It has been said many times that it is not the function of the Judicial Committee to act as a second Court of Criminal Appeal. Save in exceptional circumstances, the Judicial Committee will not embark upon a rehearing of issues such as the weight which may properly be given to the evidence or the inferences which may properly be drawn from it. These are matters which will be left to the Court of Appeal. Its decision as to whether the evidence was sufficient to support the conviction will not normally be reviewed by this Board.’ and it should not normally interefere with that exercise.
Judges:
Lord Hope of Craighead
Citations:
[1998] UKPC 35, [1999] 1 WLR 2026
Links:
Cited by:
Cited – Errol Arthurton v The Queen PC 27-May-2004
PC (British Virgin Islands) The defendant appealed his conviction for unlawful sexual intercourse, saying the judge had failed to prevent inadmissible evidence being given to the court, namely a mention by a . .
Cited – Michael Yearwood v The Queen PC 26-Jun-2001
PC (Grenada) The defendant appealed against his conviction for murder. He claimed a misdirection on provocation.
Held: The judge’s direction had been over elaborate, and gave too much weight to the old law. . .
Applied – Kelvin Dial (otherwise called Peter), Andrew Dottin (otherwise called Maxwell) v The State PC 14-Feb-2005
(Trinidad and Tobago) Two defendants appealed against their convictions for murder. The principal witness who had identified them, had retracted his evidence, but the retraction had not been believed. He was then shown to have lied.
Held: The . .
Lists of cited by and citing cases may be incomplete.
Commonwealth, Criminal Practice
Updated: 01 June 2022; Ref: scu.159318