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The Director of Public Prosecutions v Donald White: PC 28 Apr 1977

(Jamaica) At his trial, the jury had first indicated that they were to give a majority verdict, but then returned a unanimous verdict. At the time, one hour had not passed and therefore a majority verdict was not available to them. The court had ordered a venire de novo.
Held: In jurisdictions where appellate courts have power to order retrial ‘the concept of nullity of proceedings has been extended to situations beyond those covered by the ancient writ of venire de novo.’

Judges:

Diplock, Simon of Glaisdale, Salmon, Edmund-Davies, Russell of Killowen LL

Citations:

[1977] 3 WLR 447, [1977] Crim LR 418, [1977] UKPC 8, [1978] AC 426, [1977] 3 All ER 1003

Links:

Bailii

Commonwealth, Criminal Practice

Updated: 02 September 2022; Ref: scu.429886

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