This case focussed on the decision of Trial Judge to admit hearsay where a witness did not attend Court and the issue of whether where the circumstances of his non attendance and…
Category: Caselaw
Non-Disclosure – R v Poole [2017] EWCA Crim 208
This case illustrates the sort of non-disclosure which can lead to the Court concluding a conviction is unsafe and was summarised in this case as follows a) in failing to produce not…
Holding out yourself to a profession with high integrity might create a false impression R v Stapleford[2017] EWCA Crim 1215
In this case the Defendant held himself out as a person whoo had sought to become a member of the Bar and the Judge concluded that this may have created a false…
Dishonesty – no requirement belief must be reasonable Ivey v Genting Casinos (UK) Ltd (t/a Crockfords) [2017] UKSC 67
The Supreme Court visited the long outstanding issues of how a Court should assess dishonesty and gave clear guidance that …there can be no logical or principled basis for the meaning of…
Good Character must not be compared to prosecution witnesses R v Green [2017] EWCA Crim 1774
In a case where the participants were of good character the Judge properly gave a good character direction to the Defendant but then chose to make a positive comment about the Prosecution…
Loss of Time – Solicitors Delay – R v Leaning [2017] EWCA Crim 1628
In this case the appellants case was dismissed as entirely without merit . There was no adequate explanation offered to the Court over a 2 year delay in advancing the appellants appeal…
Judges written directions WAWRZYNIAK[2017] EWCA Crim 2008
It has become established practice for there to be written directions to a Jury from the Judge but it should not be assumed that this avoids the need for such directions to…
Loss of Control – R v Rejmanski and others [2017] EWCA Crim 2061
This Case visited the assessment of what is loss of control ( following the replacement of the defence of provocation ) Section 54 provides: This section has no associated Explanatory Notes(1) Where…
More Indictment Confusion – R v J ; Burton [2018] EWCA Crim 2485
This case involved indictments uploaded onto the Digital Case system where Defendants were tried on indictments different to those they were arraigned on . The difficulty on the appeal was that there…
Cross Examining a Vulnerable Witness – R v YGM [2018] EWCA Crim 2458
This Decision of the CACD gave the Court the opportunity to give further guidance on the approach to cross examination of a child witness . Defence Counsel had properly questioned the child…