From the Court of Appeal of the Cayman Islands – The crown appealed against the quashing of the respondent’s conviction for possession of an unlicensed firearm. A gun was found where he had been seen to discard a gun whilst being chased. The forensic evidence did not connect him to it.
Held: The appeal was rejected: ‘Neither in respect of the photographic evidence nor in respect of the DNA evidence were the criticisms of the Court of Appeal justified. The trial judge approached the case in respect of both matters correctly. There was no basis for departing from his verdict, which was based on his assessment of PC Bradley’s evidence and the elements of support available for it. ‘
Judges:
Lady Hale, Lord Kerr, Lord Reed, Lord Hughes, Lord Toulson
Citations:
[2015] UKPC 44
Links:
Jurisdiction:
England and Wales
Citing:
Cited – Bland v Ross (Ship Julia) (Admiralty) PC 1860
The court considered the care needed in an appellate court in reversing a decision on the facts. Lord Kingsdown said that: ‘They, who require this Board, under such circumstances to reverse a decision of the court below upon a point of this . .
Cited – SS Hontestroom v SS Sagaporack HL 1927
The court discussed the weight to be given by an appellate court to findings of fact made by the court of first instance.
Held: Not to have seen the witnesses puts appellate judges in a permanent position of disadvantage as against the trial . .
Cited – Powell v Streatham Manor Nursing Home HL 1935
Where the Judge at the trial has come to a conclusion upon the question which of the witnesses, whom he has seen and heard, are trustworthy and which are not, he is normally in a better position to judge of this matter than the appellate tribunal . .
Cited – Benmax v Austin Motor Co Ltd HL 1955
Except for cases which are expressly limited to questions of law, an appellant is entitled to appeal from the Court of Session to the House against any finding, whether it be a finding of law, a finding of fact or a finding involving both law and . .
Cited – Regina v Turnbull and Another etc CCA 9-Jun-1976
The defendants appealed against their convictions which had been based upon evidence of visual identification.
Held: Identification evidence can be unreliable, and courts must take steps to reduce injustice. The judge should warn the jury of . .
Cited – Whitehouse v Jordan HL 17-Dec-1980
The plaintiff sued for brain damage suffered at birth by use of forceps at the alleged professional negligence of his doctor. The Court of Appeal had reversed the judge’s finding in his favour.
Held: In this case most of the evidence at issue . .
Cited – Regina v Browning CACD 1991
A witness by the name of Hughes said that he was overtaken at considerable speed by a Renault 25 with a registration number beginning C7.
Held: The peculiar risks of mistaken facial identification do not apply to the same extent to evidence of . .
Cited – Regina v Luttrell; Regina v Dawson; Regina v Hamberger CACD 28-May-2004
The defendants appealed saying the court had wrongly admitted the evidence of a lip reader.
Held: Lip-reading was a recognised skill, and provided the judge gave appropriate warnings to a jury, recognising the possibility that evidence may not . .
Cited – Hampton and Another v The Crown CACD 30-Jul-2004
The defendants appealed against their convictions for murder. Evidence had been admitted as to the identification of a car from a memory of the registration mark by a witness.
Held: The evidence was properly admitted without a Turnbull . .
Lists of cited by and citing cases may be incomplete.
Crime
Updated: 04 December 2022; Ref: scu.554669