The convictions had been referred back to the Court of Appeal in relation to various grounds, but the s.34 direction was a further ground relied on by the appellants. The Court recognised that the direction was inadequate by reference to the standards in 2006. The direction did not contain the key direction suggested to be compulsory by the European Court of Human Rights in Condron. Maurice Kay LJ: ‘Very likely the judge’s directions would be different if the matter were to be tried now. However, in the circumstances of this case, we do not think that any injustice whatsoever resulted from the directions which were given. No doubt as to safety of the conviction is raised in our minds by this point and, accordingly, this ground of appeal is also rejected.’
Judges:
Maurice Kay LJ
Citations:
[2006] EWCA Crim 195
Links:
Statutes:
Jurisdiction:
England and Wales
Citing:
Cited – Regina v Hawkins (Paul) CACD 2-Aug-1996
The defendant sought leave to appeal out of time after a guilty plea.
Held: Leave was not granted despite a subsequent ruling on the Theft Act, which showed the basis of the original plea to have been wrong in law. No injustice had been shown, . .
Cited – Regina v Austin CACD 17-May-1996
The defendant appealed, complaining of the relationship between an important prosecution witness, and the media. . .
Cited – Regina v Pendleton HL 13-Dec-2001
The defendant had appealed his conviction for murder to the Court of Appeal. The 1968 Act required the court to consider whether the conviction was unsafe. New evidence was before the Court of Appeal, but they had rejected the appeal.
Held: . .
Cited – Regina v Mitchell CACD 1977
The court considered the effect of changes in the law after a conviction on applications for leave to appeal out of time.
Held: Lane LJ said: ‘This is an application for an extension of time in which to appeal against conviction. It should be . .
Cited – Regina v West (Rosemary) CACD 3-Apr-1996
Payments to witnesses in criminal trials by media need investigation and control. Nevertheless, the fact that a number of witnesses had sold their stories to the media before the trial, which was disclosed to the defence before or during the trial, . .
Cited by:
Cited – Regina v Boyle and Another CACD 25-Aug-2006
The appellants had been convicted of murder. They complained that the judge had misdirected the jury as to the effect of their silence and the inferences to be drawn.
Held: The appeals failed. Whilst the direction on s34 was defective, it had . .
Lists of cited by and citing cases may be incomplete.
Criminal Practice
Updated: 24 November 2022; Ref: scu.239055