Tag: Criminal Practice

Regina v Farr: CACD 10 Dec 1998

Brevity in court is nearly always a virtue. A judge was not to be criticised for not rehearsing all the evidence or all the arguments. Fundamental are correct directions on law, and accurate review of the main facts and the general impression of fairness.

Citations:

Times 10-Dec-1998, [1998] EWCA Crim 3476

Jurisdiction:

England and Wales

Criminal Practice

Updated: 25 October 2022; Ref: scu.86657

Regina v Farrow (Anthony Robin): CACD 20 Oct 1998

The idea of ‘lurking doubt’, as an element of what is proof beyond reasonable doubt, is not helpful to the Court of Appeal, and applicants should stick more closely to the statutory formula of whether a conviction is ‘unsafe.’

Citations:

Times 20-Oct-1998

Statutes:

Criminal Appeal Act 1968 2(1)

Jurisdiction:

England and Wales

Criminal Practice

Updated: 25 October 2022; Ref: scu.86658

Regina v Brown (Winston): CACD 20 Jun 1994

The Crown Prosecution Service was under no obligation to disclose evidence which might be damaging to a Defendant’s witness’ credibility. The Attorney General’s disclosure guidelines do not have the force of law and need updating.

Citations:

Independent 22-Jun-1994, Gazette 31-Aug-1994, Times 20-Jun-1994, [1994] 1 WLR 1599

Jurisdiction:

England and Wales

Cited by:

Cited – Taylor and Others v Director of The Serious Fraud Office and Others HL 29-Oct-1998
The defendant had requested the Isle of Man authorities to investigate the part if any taken by the plaintiff in a major fraud. No charges were brought against the plaintiff, but the documents showing suspicion came to be disclosed in the later . .
Lists of cited by and citing cases may be incomplete.

Criminal Practice

Updated: 25 October 2022; Ref: scu.86244

Regina v Clarke, Regina v Jones: CACD 19 Aug 1994

On an appeal conducted by freshly instructed lawyers, the new solicitors had a duty to consult with the earlier team as to the events surrounding the trial. Professional conduct rules are needed to cover the situation where new lawyers are instructed on an appeal.

Citations:

Times 19-Aug-1994, Ind Summary 05-Sep-1994

Jurisdiction:

England and Wales

Criminal Practice

Updated: 25 October 2022; Ref: scu.86394

Regina v Cheema: CACD 5 Sep 1993

There is no rule requiring full a corroboration direction to be given for a co-defendant’s evidence to be admitted. The Court of Appeal recommended a review of law on corroboration of a witness’s evidence. Lord Taylor CJ said: ‘The rule of practice that some warning, but not necessarily a full corroboration warning, is required where a witness, e.g. a co-defendant, may have a purpose of his own to serve was reaffirmed in Knowlden . .’

Judges:

Lord Taylor CJ

Citations:

Gazette 03-Nov-1993, Times 06-Oct-1993, Independent 05-Sep-1993, [1994] 1 WLR 147, (1993) 98 Cr App R 195

Jurisdiction:

England and Wales

Citing:

Approved – Regina v Knowlden and Knowlden CACD 1983
The court set out warnings for the jury when considering evidence from a co-accused. The rule in Prater was not a rule of law but ultimately in the discretion of the judge: and that ‘the customary clear warning to examine the evidence of each . .
Cited – Regina v Prater CCA 1960
Where one defendant gave evidence incriminating his co-defendant, just as in cases where an accomplice gave evidence for the prosecution, a full corroboration warning was desirable. . .

Cited by:

Cited – Regina v Jones; Regina v Jenkins CACD 5-Jun-2003
Where each of more than one defendants asserted that he was not responsible for the crime, the jury should be directed (in addition) that they should consider the case of each defendant separately, the case should be considered as a whole, including . .
Cited – Holder v The State PC 9-Jul-1996
(Trinidad and Tobago) The Board granted special leave for the defendant to appeal his conviction for murder and sentence to death. The murder was committed during a violent robbery and the defendant convicted as part of the joint enterprise. He said . .
Cited – Petkar and Farquar, Regina v CACD 16-Oct-2003
The defendants appealed their convictions and sentence for theft. Whilst employed by a bank thay had arranged for transfers to their own account. Each blamed the other. They appealed on the basis that the direction on their silence at interview was . .
Cited – Regina v Burrows CACD 23-Apr-1999
One defendant had been found when searched to have a plastic egg-shaped capsule with crack cocaine inside. He now appealed the direction given to the jury as to the evidence against him given by a co-defendant.
Held: The appeal was dismissed, . .
Cited – Regina v Jones and Jenkins CACD 6-Jun-2003
The two defendants appealed against their convictions for murder. On the prosecution case it was joint enterprise; Jones’ case was that both had indeed attacked the victim, but had caused him only minor injuries and that the fatal injuries had been . .
Lists of cited by and citing cases may be incomplete.

Criminal Practice

Updated: 25 October 2022; Ref: scu.86332

Regina v Central Criminal Court Ex Parte Goodwin and Crook: CACD 16 Aug 1994

Judge may take representations in his sole discretion before making an order providing for the naming or non naming of a party by newspapers.

Citations:

Ind Summary 05-Sep-1994, Gazette 26-Oct-1994, Times 16-Aug-1994

Statutes:

Children and Young Persons Act 1933 39

Jurisdiction:

England and Wales

Criminal Practice, Media

Updated: 25 October 2022; Ref: scu.86308

Regina v Booth; Regina v Molland; Regina v Wood: CACD 26 Nov 1998

Where the Court of Appeal declared a trial on indictment to have been a nullity, and ordered at the same time that there should be no re-trial, that original conviction had been annulled and set aside, not quashed. Further prosecutions would be resisted.

Citations:

Times 26-Nov-1998

Jurisdiction:

England and Wales

Criminal Practice

Updated: 25 October 2022; Ref: scu.86157

Regina v Twitchell: CACD 10 Nov 1999

The Court of Appeal is not able to make findings of fact. The ability for example to examine an officer to assist the court in deciding whether the original verdict was based upon ignorance or otherwise of material facts, should be used only carefully, and not extended to include the making of findings of fact. Twitchell had been convicted in 1982. The Criminal Cases Review Commission referred his appeal to this Court in January 1998. The catalyst was a successful civil action brought by another man Treadaway against the police. It was in April 1994 that Treadaway established in his civil proceedings that one or more of the same officers had acted discreditably in dealing with Treadaway in 1982. In other words, the officers had misbehaved in their dealings with Treadaway at about the same time as the investigation into Twitchell but hard evidence in the form of the outcome of Treadaway’s civil action did not become available for a further twelve years.

Citations:

Times 10-Nov-1999, [2000] 1 Cr App R 373

Jurisdiction:

England and Wales

Cited by:

Cited – Deans, Regina v CACD 30-Jul-2004
In 1989 the defendant was convicted of assorted serious drugs crimes. His case came before the court once more but on the basis that the evidence against him had been fabricated by police officers who had subsequently been discredited.
Held: . .
Lists of cited by and citing cases may be incomplete.

Criminal Practice

Updated: 25 October 2022; Ref: scu.85594

Regina v Ullah: CACD 3 Nov 1999

Counsel, in a trial alleging an indecent assault, had failed to raise with the jury the contents of an illegally taped conversation between the complainant and one of her witnesses encouraging perjury.
Held: The defect in counsel’s conduct of the case was so significant that the verdict was unsafe. The test to be applied was whether counsel’s conduct and decisions had been reasonable. Where they had not, a conviction might be unsafe.

Citations:

Gazette 03-Nov-1999, Times 12-Nov-1999

Jurisdiction:

England and Wales

Citing:

Cited – Associated Provincial Picture Houses Ltd v Wednesbury Corporation CA 10-Nov-1947
Administrative Discretion to be Used Reasonably
The applicant challenged the manner of decision making as to the conditions which had been attached to its licence to open the cinema on Sundays. It had not been allowed to admit children under 15 years of age. The statute provided no appeal . .
Lists of cited by and citing cases may be incomplete.

Criminal Practice

Updated: 25 October 2022; Ref: scu.85595

Re Guardian Newspapers and Others: CACD 20 Sep 1993

An appeal against an ‘in camera’ crown court order to the Court of Appeal is to be on paper submissions. The court set out the procedure on appeal against order for a trial to be held in camera. These rules were not ultra vires. Even though the appeal ‘shall’ be determined without a hearing, written submissions from an appellant or applicant would be permitted.

Citations:

Times 26-Oct-1993, Ind Summary 20-Sep-1993

Statutes:

Criminal Appeal Rules 1968 16A 16B, Contempt of Court Act 1981 4(2)

Jurisdiction:

England and Wales

Cited by:

Cited – A and Others, Regina v; Regina v The Crown Court at the Central Criminal Court ex parte A Times Newspapers Ltd etc CACD 13-Jan-2006
The defendant was to be charged with offences associated with terrorism. He had sought stay of the trial as an abuse of process saying that he had been tortured by English US and Pakistani authorities. The judge made an order as to what parts of the . .
Lists of cited by and citing cases may be incomplete.

Criminal Practice, Media

Updated: 25 October 2022; Ref: scu.85788

Regina v Wiggan: CACD 4 Feb 1999

The defendant appealed against her conviction for violent disorder saying that the judge’s interventions had been inappropriate and partisan.
Held: The appeal failed. A judge’s right to ask questions of a witness after re-examination must be limited to attempts to clarify matters raised already. He must not allow the impression to arise that he is cross-examining the witness. The judge here had crossed the line, but the other evidence was overwhelming and the conviction was not unsafe.

Judges:

Auld LJ, Forbes, David Steel JJ

Citations:

Times 22-Mar-1999, [1999] EWCA Crim 274

Links:

Bailii

Jurisdiction:

England and Wales

Criminal Practice

Updated: 25 October 2022; Ref: scu.85612

Regina v Bansal: CACD 29 Dec 1998

The ability of a trial judge to grant leave to appeal should only exceptionally be exercised by the trial judge himself. Normal jurisdiction for such leave should be exercised by one or more judges of the Court of Appeal.

Citations:

Times 29-Dec-1998

Statutes:

Criminal Appeal Act 1968 1(2)

Jurisdiction:

England and Wales

Criminal Practice

Updated: 25 October 2022; Ref: scu.86089

Regina v Milliner: CACD 14 Jul 1999

Where there had been a long delay since sexual abuse offences, the judge should follow the guidance to be given by the Judicial Studies Board when deciding to what extent within the facts of the case it was appropriate to warn the jury on the dangers arising from such delay. Each case must be looked at in its own light, and too prescriptive an approach should be avoided.

Citations:

Gazette 14-Jul-1999

Jurisdiction:

England and Wales

Criminal Practice

Updated: 25 October 2022; Ref: scu.85408

Regina v Ryan: CACD 30 Apr 1999

Plea bargaining is always an inappropriate exercise. A judge having indicated a certain length of sentence, and the defendant’s plea being dependent upon that, it was wrong to go back upon that, and the sentence would be reduced to satisfy the promise.

Citations:

Times 30-Apr-1999

Jurisdiction:

England and Wales

Criminal Practice

Updated: 25 October 2022; Ref: scu.85467

Regina v Sharif: CACD 8 Jun 1999

A judge’s duty to assist a duty was a continuing one, and was not curtailed by their retirement. After such retirement, he was not limited in his duty or capacity to responding to requests for assistance. This may mean that he would take the initiative to assist.

Citations:

Times 08-Jun-1999

Jurisdiction:

England and Wales

Criminal Practice

Updated: 25 October 2022; Ref: scu.85551

Regina v McFarlane: CACD 23 Feb 1999

A solicitor may properly delay taking instructions from his criminal client until he has seen the details of the prosecution case, but must take care not to become embroiled in attempt to procrastinate the choice of defence, and must not mislead counsel.

Citations:

Times 24-Mar-1999, [1999] EWCA Crim 496

Links:

Bailii

Jurisdiction:

England and Wales

Legal Professions, Criminal Practice

Updated: 25 October 2022; Ref: scu.85397

Regina v Jackson: CACD 5 Jan 2000

When a judge was called upon to decide upon public interest immunity disclosures in the absence of one party to a case, it was necessary for the prosecution to act absolutely scrupulously. By accident an earlier misrepresentation was discovered in this case, and a re-trial was ordered.

Citations:

Times 05-Jan-2000

Jurisdiction:

England and Wales

Criminal Practice

Updated: 25 October 2022; Ref: scu.85328

Regina v Jones (Stephen): CACD 20 May 1999

Cases involving arson with intent to endanger life should be tried by a full time judge, and not by part time recorders. They are necessarily serious cases. In this case the recorder had wrongly admitted evidence and the appeal must be allowed.

Citations:

Times 20-May-1999

Jurisdiction:

England and Wales

Criminal Practice

Updated: 25 October 2022; Ref: scu.85334

R v Booth; R v Molland; R v Wood: CACD 27 Jan 1999

Where the Court of Appeal declared a trial on indictment to have been a nullity, and ordered at the same time that there should be no re-trial, that original conviction had been annulled and set aside, not quashed. Further prosecutions would be resisted.

Citations:

Gazette 27-Jan-1999

Jurisdiction:

England and Wales

Criminal Practice

Updated: 25 October 2022; Ref: scu.85130

Practice Direction (Criminal Appeals: Skeleton Arguments): CACD 31 Dec 1998

With immediate effect counsel instructed to act for defendant in appeals to the Court of Appeal Criminal Division must serve skeleton arguments on prosecution and court within fourteen days of notification of leave to appeal.

Citations:

Times 31-Dec-1998

Jurisdiction:

England and Wales

Criminal Practice

Updated: 25 October 2022; Ref: scu.84869

Regina v Secretary of State for Home Department, ex parte Bateman – Regina v Same ex parte Howse: QBD 5 May 1993

Compensation for a wrongful imprisonment should include circumstances of miscarriage of justice as well as pardons. A magistrate is not a public authority. The threshold of exceptionality is high: ‘It was essentially a question for the Secretary of State as to what he regarded as an exceptional case. It is difficult to imagine circumstances in which this court could properly interfere with a judgment by him that a case was not so exceptional as to justify special behaviour.’

Judges:

Leggatt LJ and McCullough J

Citations:

Times 10-May-1993

Statutes:

Criminal Justice Act 1988 133

Jurisdiction:

England and Wales

Cited by:

Appeal from – Bateman and Howse, Regina (on the Application Of) v Secretary of State for the Home Department CA 17-May-1994
The plaintiff had been convicted of several counts of receiving stolen goods and sentenced to six years’ imprisonment. He had appealed to the Court of Appeal on the ground that he had been convicted on the basis of evidence in statement form given . .
Cited – In re McFarland HL 29-Apr-2004
The claimant was convicted, imprisoned, and then his conviction was overturned. He sought compensation. He had pleaded guilty after being told by counsel to expect an adverse direction from the magistrate, following a meeting in private between . .
Cited – Raissi, Regina (on the Application of) v Secretary of State for the Home Department Admn 22-Feb-2007
The claimant sought judicial review of a refusal to make an ex gratia payment for his imprisonment whilst successfully resisting extradition proceedings. Terrorist connections had been suggested, but the judge made an explicit finding that at no . .
Lists of cited by and citing cases may be incomplete.

Criminal Practice

Updated: 19 October 2022; Ref: scu.87761

Guardian News and Media Ltd and Others v R and Incedal: CACD 9 Feb 2016

Appeal against refusal of permission to report trial. The prosecution said that there was a threat to national security owing to the nature of the evidence to be given, and the trial was to be held in camera.
Held: The Court gave guidance as to the proper approach to be taken and as to the respective roles of the DPP and the Courts.

Judges:

Lord Thomas of Cwmgiedd CJ, Hallett, Sharpe LJJ

Citations:

[2016] EWCA Crim 11, [2016] 1 WLR 1767, [2016] EMLR 14, [2016] WLR(D) 67, [2016] HRLR 9, [2016] Crim LR 433, (2016) 180 JP 233, [2017] 2 All ER 121, [2016] 1 Cr App R 33

Links:

Bailii, WLRD

Jurisdiction:

England and Wales

Citing:

See also – Guardian News and Media Ltd and Others v Incedal CACD 24-Sep-2014
. .
Lists of cited by and citing cases may be incomplete.

Criminal Practice, Media

Updated: 13 October 2022; Ref: scu.559669

Regina v Janjua; Regina v Choudhury: CACD 8 May 1998

The direction in a murder trial that the Defendant must have intended ‘really’ serious bodily harm, may exclude the word ‘really’ if the nature of attack made that intention unchallengeable. In this case it was an attack with large knife.

Citations:

Times 08-May-1998

Jurisdiction:

England and Wales

Criminal Practice

Updated: 11 October 2022; Ref: scu.88515

Regina v Tivnan: CACD 6 May 1998

The Crown Court was able to increase the amount of a confiscation order after making the original order, where further assets were revealed, but not beyond assessed benefit to him of the crime.

Judges:

Rose LJ

Citations:

Gazette 28-May-1998, Times 06-May-1998, [1998] EWCA Crim 1370, [1999] 1 Cr App R(S) 92, [1998] Crim LR 591

Links:

Bailii

Statutes:

Drug Trafficking Offences Act 1986

Jurisdiction:

England and Wales

Cited by:

Cited – Maye, Re (Northern Ireland) HL 6-Feb-2008
The defendant had admitted charges of obtaining property by deception. A confiscation hearing concluded that he had benefitted to a much greater extent than could be recoverd. Before then however both his parents had died, and he stood to inherit . .
Cited – Peacock, Re SC 22-Feb-2012
The defendant had been convicted of drugs offences, and sentenced under the 1994 Act. The gains he had made exceeded his then assets. Later he acquired further property honestly, and the Court now considered whether those assets could be taken to . .
Lists of cited by and citing cases may be incomplete.

Criminal Practice, Criminal Sentencing

Updated: 11 October 2022; Ref: scu.88690

Regina v Tottenham Youth Court Ex Parte Fawzy: CACD 13 May 1998

Where a youth appears with an adult on a grave crime allegation in an adult court, and the case against the adult does not proceed, the assessment of whether the youth should be committed to the Crown Court must be carried out by the adult court.

Citations:

Gazette 13-May-1998, [1998] 1 All ER 11

Statutes:

Magistrates Courts Act 1980 24

Jurisdiction:

England and Wales

Criminal Practice

Updated: 11 October 2022; Ref: scu.88693

Regina v Gray, Evans: CACD 20 Feb 1998

Any practice of cross examining a defendant on statements which were admissible against co-defendants but not as against him must stop.

Judges:

Hutchinson LJ, Mance J

Citations:

Times 09-Mar-1998, [1998] EWCA Crim 626

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – Regina v Windass CACD 1989
The defendant had been cross-examined by reference to a diary found in the possession of his girl friend which was inadmissible against him. He was repeatedly asked what the writer meant by her entries. He appealed his conviction.
Held: The . .

Cited by:

Cited – Vincent and Another v Regina CACD 26-Jan-2007
The defendants appealed their conviction for what was a planned murder of an established criminal. They complained that their trial should have been severed from another defendant who had made statements implicating them, but then failed to give . .
Lists of cited by and citing cases may be incomplete.

Criminal Practice

Updated: 11 October 2022; Ref: scu.86757

Regina v Dossetter: CACD 5 Feb 1998

The defendant’s counsel had been to see the judge six times in chambers before his client pleaded guilty.
Held: He had plainly been attempting to bargain for a plea. Such attempts are not part of English law. The judge had been excused only because it was recorded.

Citations:

Times 05-Feb-1998

Jurisdiction:

England and Wales

Criminal Practice

Updated: 11 October 2022; Ref: scu.86567

Regina v Hussain, Khan: CACD 20 Jan 1997

The defendants appealed convictions for importing drugs. They chose not to give evidence. At one point, in the presence of the jury, the judge spoke to counsel about warning the defendants of the ‘potential’ inferences, but the defendants had been arraigned before the new rules had come into effect. He acknowledged his mistake, and later addressed the jury in proper terms about the failure to give evidence.
Held: That was sufficient to correct the error.
The defendants had also complained at the admission of evidence derived from telephone intercepts. The court was satisfied that the guidelines had been observed, and additionally that the judge was right to admit the evidence.

Citations:

[1997] EWCA Crim 107

Statutes:

Telecommunication Act 1985, Police and Criminal Evidence Act 1984 78

Jurisdiction:

England and Wales

Criminal Practice, Criminal Evidence

Updated: 08 October 2022; Ref: scu.149562

Regina v Myers: CACD 22 Jun 1995

A judge does not have to accept a version of the case agreed between the prosecution and defence has a full right to question facts so agreed between the prosecution and the defence, and if necessary to require a full Newton hearing to allow him properly to fix a factual basis for sentence.

Citations:

Times 22-Jun-1995

Jurisdiction:

England and Wales

Criminal Practice

Updated: 08 October 2022; Ref: scu.88563

Regina v Quinn: CACD 15 Mar 1994

Police must follow the published Code of Practice, when conducting identity parades, and may not substitute their own. If the evidence is allowed in despite the breach, the judge should explain the significance of the breach to the jury, as it may go to the weight they attach to the evidence.

Citations:

Ind Summary 04-Apr-1994, Times 15-Mar-1994, [1995] 1 Cr App Rep 480

Statutes:

Police and Criminal Evidence Act 1984 66

Jurisdiction:

England and Wales

Cited by:

Cited – Regina v Sewa Singh Gill and Paramjit Singh Gill CACD 31-Jul-2003
The appellants sought to challenge their convictions for cheating the Inland Revenue. They were accused of having hidden assets and income from the revenue. The appellants objected to the use at trial of material obtained in a ‘Hansard’ interview. . .
Cited – Regina v Popat CACD 23-Mar-1998
Though an identification parade should be held whenever it would serve a useful purpose, where the evidence of identification by a witness was already complete and satisfactory there was no continuing obligation on the police to provide an . .
Cited – Gough and Another v The Chief Constable of the West Midlands Police CA 2-Mar-2004
The claimants sought return of vehicle parts from the police. The police replied that the goods had been tampered with in such a way as to suggest they may have been stolen, and that they were therefore kept, even after the finish of the court . .
Lists of cited by and citing cases may be incomplete.

Criminal Practice, Evidence

Updated: 08 October 2022; Ref: scu.87582

Regina v Rankin: CACD 5 Sep 1995

The Court of Appeal was not to overturn a Judge’s decision with regard to identification evidence in the absence of any lurking doubt. The admission of evidence goes only to fairness within trial, not unreliability.

Citations:

Ind Summary 09-Oct-1995, Times 05-Sep-1995

Statutes:

Police and Criminal Evidence Act 1984 78

Jurisdiction:

England and Wales

Criminal Evidence, Criminal Practice

Updated: 08 October 2022; Ref: scu.87595

Regina v Oliver (Ian): CACD 6 Dec 1995

Detailed guidance was given on directions when a jury are to be allowed to split up overnight after retiring using the court’s discretion under s43, including ‘1. That the jury must decide the case on the evidence and the arguments which they have seen and heard in court, and not on anything they may have seen or heard or may see or hear outside the court. And 2. That the evidence has been completed and that it would be wrong for any juror to seek for or to receive further evidence or information of any sort about the case . .’

Citations:

Gazette 10-Jan-1996, Ind Summary 22-Jan-1996, Times 06-Dec-1995, [1996] 2 Cr App R 514

Statutes:

Criminal Justice and Public Order Act 1994 43

Jurisdiction:

England and Wales

Cited by:

Cited – Regina v Hastings CACD 9-Dec-2003
At the start of the day after the jury retirement, one juror was late. The defendant complained that the jury had not all been present during the deliberations.
Held: There was no magic in any particular form of words. The jury should be clear . .
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.
Lists of cited by and citing cases may be incomplete.

Criminal Practice

Updated: 08 October 2022; Ref: scu.87496

Regina v Osieh: CACD 5 Mar 1996

The alteration of an indictment by the adding of a new charge is not completely to be barred, but the court may think it proper to allow an adjournment.

Citations:

Times 05-Mar-1996, [1996] 2 Cr App R 145

Jurisdiction:

England and Wales

Cited by:

Applied – Crown Prosecution Service v City of London Magistrates’ Court and Gill Admn 20-Dec-2005
The prosecutor sought to bring in documentary evidence in support of its application to commit the defendant for trial on fraud charges. During the course of proceedings the rules changed on admission of such evidence. The prosecutor appealed . .
Lists of cited by and citing cases may be incomplete.

Criminal Practice

Updated: 08 October 2022; Ref: scu.87503

Regina v Pacey: CACD 3 Mar 1994

The prosecutor invited the jury to convict contrary to the evidence of his own witness. The Crown had called a witness to establish a crucial fact, as it saw it, that the knife used in the killing on the ground floor had been kept upstairs and therefore must have been taken by the defendant in order to stab the deceased. The witness, contrary to her pre-trial statement, gave evidence that the knife had in fact been downstairs. When prosecution counsel in his final speech started to cast doubt upon the credit of his own witness, he was stopped by the judge on the normal principle that a party is not entitled to attack the credit of its own witness unless it seeks, and is permitted, to treat that witness as hostile.
Held: The resulting conviction was unsafe. This amounted to the Crown impeaching the credit of its own witness: ‘It was not open to the prosecutor to attack her credit. All they could do was to point to inconsistencies, if they existed, between her evidence and other evidence or to point to matters upon which her evidence might be unreliable.’

Citations:

Times 03-Mar-1994

Statutes:

Criminal Procedure Act 1865 3

Jurisdiction:

England and Wales

Cited by:

Cited – Regina v Cairns; Regina v Zaldi, Regina v Chaudary CACD 22-Nov-2002
The defendants applied for the defence statements of co-defendants to be disclosed. A co-defendant was to give evidence for the Crown, and they sought to have it excluded as unreliable.
Held: The 1996 Act created a duty of secondary . .
Lists of cited by and citing cases may be incomplete.

Criminal Practice

Updated: 08 October 2022; Ref: scu.87509

Regina v Makanjuola: CACD 17 May 1995

Guidance was given on the directions to be given to the jury where a co-accused speaks for prosecution as a witness and in sexual assault cases. The full corroboration warning is not now needed; the Judge may use his own discretion, and may give a lesser direction if he chooses. In this case there was no evidential basis for suggesting that the evidence of the complainant was unreliable.
Lord Taylor LCJ said: ‘(1) it was a matter for the trial judge’s discretion whether or not to give a warning to the jury in respect of the unsupported evidence of [a] complainant in a sexual case. The nature of the warning and whether or not to give it would depend upon the circumstances of the case, the issues raised and the content and quality of the witness’s evidence. (2) There would need to be an evidential basis for suggesting that the evidence of the witness was unreliable, which did not include mere suggestions by cross-examining counsel. (3) If the question arose whether a special warning should be given, it was desirable that the question be resolved by discussion with counsel in the jury’s absence before final speeches . . (5) Where some warning is required, it will be for the judge to decide the strength and terms of the warning; it does not have to be invested with the whole florid regime of the old corroboration rules. (6) The court will only interfere with the judge’s exercise of his discretion if it is unreasonable in the Wednesbury sense.’ As to retrospectivity ‘The general rule against the retrospective operation of statutes does not apply to procedural provisions . . . Indeed the general presumption is that a statutory change in procedure applies to pending as well as future proceedings.’

Judges:

Lord Taylor LCJ

Citations:

Gazette 07-Jun-1995, Independent 06-Jun-1995, Times 17-May-1995, (1995) 2 Cr App R 469, [1995] 1 WLR 1348, [1995] 3 All ER 730

Statutes:

Criminal Justice and Public Order Act 1994 32

Jurisdiction:

England and Wales

Cited by:

Cited – Regina v Warner CACD 17-Feb-1997
The defendant appealed convictions for indecent assault, saying that convictions on some counts and acquittals on others were so inconsistent as to call the convictions into question, showing acceptance of the complainant’s evidence on some counts . .
Cited – Regina v Gellatly, JR CACD 22-Jul-1997
The defendant appealed against convictions for rape, attempted rape and indecent assault against the daughters of his partner. The allegations were that serious sexual assaults had been repeated over several years. The defendant denied them . .
Cited – Regina v B CACD 15-May-1997
The Court upheld a conviction in respect of an Appellant who had been convicted of three offences on a six-count indictment. He was acquitted of the other three. In respect of each of the six counts the Prosecution relied upon the uncorroborated . .
Cited – Bradley, Regina v CACD 14-Jan-2005
The defendant complained that his criminal record had been placed before the jury under the Act, even though the proceedings had been begun before the commencement date.
Held: The provisions of the Act were procedural in nature and therefore . .
Cited – Regina v Doheny, Adams CACD 31-Jul-1996
The court set out the procedure for the introduction of DNA evidence in criminal trials. In particular the court explained the ‘Prosecutor’s Fallacy’ when using statistical evidence. The significance of the DNA evidence will depend critically upon . .
Cited – Clibery, Regina (on the Application of) v Secretary of State for the Home Department Admn 30-Jul-2007
The claimant sought judicial review of a decision of the Home Secretary, to refuse his application for compensation. He had first been convicted and imprisoned and then had his conviction quashed. The respondent did not think that the conviction was . .
Cited – Misick, Regina (on the Application of) v Secretary of State for Foreign and Commonwealth Affairs Admn 1-May-2009
The former premier of the Turks and Caicos Islands sought to challenge the constitutionality of the 2009 order which was to allow suspension of parts of the Constitution and imposing a direct administration, on a final report on alleged corruption. . .
Cited – Regina v Cairns; Regina v Zaldi, Regina v Chaudary CACD 22-Nov-2002
The defendants applied for the defence statements of co-defendants to be disclosed. A co-defendant was to give evidence for the Crown, and they sought to have it excluded as unreliable.
Held: The 1996 Act created a duty of secondary . .
Lists of cited by and citing cases may be incomplete.

Criminal Evidence, Criminal Practice

Updated: 08 October 2022; Ref: scu.87247

Regina v Guppy and Another: CACD 8 Mar 1994

Court of Appeal (Criminal Division) may hear (but not require) evidence in person from an appellant.

Citations:

Times 08-Mar-1994, (1995) 16 Cr App R(S) 26

Jurisdiction:

England and Wales

Cited by:

Cited – Regina v Ministry of Defence ex parte Colin James Murray QBD 15-Dec-1997
The defendant sought judicial review of his court-martial and of the confirming officers. He said the court should have heard that he committed the offence whist intixicated after taking an anti-malarial drug. The court dd not explain why it had . .
Lists of cited by and citing cases may be incomplete.

Criminal Practice

Updated: 08 October 2022; Ref: scu.86775

Regina v E (Sexual Abuse: Delay): CACD 6 Jul 1995

There are no fixed rules for the form of or need for warnings to be given as regards the prejudice to a defendant in sex abuse cases where there has been a long delay after the events complained of. It was a matter for the judge in each case.

Citations:

Ind Summary 31-Jul-1995, Gazette 19-Jul-1995, Times 06-Jul-1995

Jurisdiction:

England and Wales

Criminal Practice, Criminal Evidence

Updated: 08 October 2022; Ref: scu.86601