The defendant appealed from his conviction for causing injury from dangerous driving. During his trial he suffered epileptic fits which were witnessed by the jury. The trial continued in part in his absence. He said that a new trial should have been ordered.
Held: The appeal succeeded: ‘the appellant’s conviction is unsafe because the decision to proceed with the trial was made without proper regard to the principle that an accused is entitled to a fair trial, which includes a fair opportunity to give evidence in his own defence.’
Judges:
Leggatt LJ, Lewis, Carr DBE JJ
Citations:
[2018] EWCA Crim 2036
Links:
Jurisdiction:
England and Wales
Criminal Practice
Updated: 23 May 2022; Ref: scu.622343