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 ›
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 ›
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 ›
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 witness as he wanted in his words “to… Read More ›
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 and the Court warned over the waste of… Read More ›
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 be specifically tailored to the case as it… Read More ›
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 a person (“D”) kills or is a party… Read More ›
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 was no suggestion the Defendants were not properly… Read More ›
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 victim and the judge agreed to give a… Read More ›
With the weight of changes in the Criminal Law and a vast amount of older statues replaced or repealed it can sometimes be hard to keep pace with all the changes . This case is a timely reminder of the… Read More ›
