Recent Posts - page 3

• Unfit to give evidence – R v Welland [2018] EWCA Crim 2036

  By MarkNewbyQSJ on January 27, 2019

  

  This case deals with the sort of illness which will allow the Court to conclude a Defendant is not fit to give evidence and cannot get a fair trial . The Court noted that The second point which requires emphasis… Read More ›

• When should loss of control be left to a jury ? R v Goodwin [2018] EWCA Crim 2287

  By MarkNewbyQSJ on January 27, 2019

  

  This case visits the issue of when loss of control as a defence should be left to the jury to consider . The Court formulated the following principles (i) The required opinion is to be formed as a common sense… Read More ›

• Substantial Injustice – Change in Law extensions – R v Ordu [2017] EWCA Crim 4

  By MarkNewbyQSJ on January 27, 2019

  

  This case is a reminder of the principles established in Jogee and Johnson & Others that to appeal on the basis of a change in the law out of time the Court of Appeal will need to be satisfied that… Read More ›

• When the only evidence is DNA – R v Tsekiri [2017] EWCA Crim 40

  By MarkNewbyQSJ on January 27, 2019

  

  The Court determined DNA Evidence alone can lead to a conviction but it depends on the circumstances The facts of this appeal require us to determine the position when a defendant’s DNA profile at the scene is the only evidence…. Read More ›

• How distressed vulnerable witness should be handled – R v SG [2017] EWCA Crim 617

  By MarkNewbyQSJ on January 27, 2019

  

  In a case where a complaint became visibly distressed during giving evidence and a Judge intervened the Court gave guidance as to the correct approach : First, in our view the recorder was wrong to characterise the questions being asked… Read More ›

• Doli Incapax – Strict requirements of the test – R v PF [2017] EWCA Crim 983

  By MarkNewbyQSJ on January 27, 2019

  

  This case revisited the strange circumstances that cannot now arise in fresh offences but still applies sot qualifying historic cases relating to sexual offences said to have been occurred by someone aged 10-14 who does not have the required criminal… Read More ›

• Hearsay – Failure to Assess Credibility R v Kiziltan[2017] EWCA Crim 1461

  By MarkNewbyQSJ on January 27, 2019

  

  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 his evidence touched on credibility the material should… Read More ›

• Non-Disclosure – R v Poole [2017] EWCA Crim 208

  By MarkNewbyQSJ on January 27, 2019

  

  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 only the convictions and cautions of prosecution witnesses… Read More ›

• Holding out yourself to a profession with high integrity might create a false impression R v Stapleford[2017] EWCA Crim 1215

  By MarkNewbyQSJ on January 27, 2019

  

  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 impression of his integrity and honesty which should… Read More ›

• Dishonesty – no requirement belief must be reasonable Ivey v Genting Casinos (UK) Ltd (t/a Crockfords) [2017] UKSC 67

  By MarkNewbyQSJ on January 27, 2019

  

  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 dishonesty (as distinct from the standards of proof… Read More ›

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