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 ›
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 ›
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 ›
