22 June

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Francis Fraser, Robert Warren

*160 Francis Fraser, Robert Warren Court of Criminal Appeal 5 November 1956 (1956) 40 Cr. App. R. 160 Lord Chief Justice , Mr. Justice Hallett and Mr. Justice Ashworth November 5, 1956 Evidence—Hostile Witness—Evidence in Contradiction of Previous Statement Held by Prosecution—Duty of Prosecuting Counsel. Where a Crown witness gives evidence on oath in direct contradiction of a previous statement made by him which is *161 in the possession of the prosecution, it is the duty of counsel for the prosecution at once to show the statement to the judge and ask the judge's leave to cross-examine the witness as hostile. Applications for leave to appeal against conviction. The...

22 June

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R. v Takis Prefasdaniel Pryce

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Status: Positive or Neutral Judicial Treatment *111 R. v Takis Prefasdaniel Pryce Court of Appeal 11 November 1986 (1988) 86 Cr. App. R. 111 (The Lord Chief Justice, Mr. Justice Taylorand Mr. Justice Rose): November 11, 1986 Evidence—Witness—Hostile Witness—Witness Giving Statement Inconsistent With Previous Oral Statement—Whether to be Treated as Hostile Where a prosecution witness gave evidence inconsistent with a previous oral statement, applications to treat him as a hostile witness, and subsequently to call evidence to prove his previous inconsistent statement, were rightly granted. The appellant Prefas and one Pryce were charged with arson. Amongst the evidence found at the scene of the fire were three containers which...

22 June

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R v Maw

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Download Request: Current Document: 4 Time Of Request: Monday, February 02, 2015 12:16:56 Send To: Summer Eudoxie JUDICIARY OF TRINIDAD AND TOBAGO HALL OF JUSTICE KNOX STREET PORT OF SPAIN, TTO Terms: R v Maw Source: All Subscribed Cases Sources Project ID: None Official Transcripts (1990-1997) R v Maw COURT OF APPEAL (CRIMINAL DIVISION) HOBHOUSE LJ, GARLAND, CURTIS JJ [1994] Crim LR 841, (Transcript: John Larking) 29 APRIL 1994 29 April 1994 P Cross for the Appellant; A Hawks for the Crown HOBHOUSE LJ (reading the judgment of the court): In the Crown Court at Durham in November 1993 the appellant, Michael Maw, stood trial before His Honour Judge McDonald and a jury on an indictment containing two counts....

22 June

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R v Jobe

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Download Request: Current Document: 1 Time Of Request: Monday, February 02, 2015 12:24:59 Send To: Summer Eudoxie JUDICIARY OF TRINIDAD AND TOBAGO HALL OF JUSTICE KNOX STREET PORT OF SPAIN, TTO Terms: (hostile witness) Source: All Subscribed Cases Sources Project ID: None All England Reporter/2004/December/R v Jobe - [2004] All ER (D) 163 (Dec) [2004] All ER (D) 163 (Dec) R v Jobe [2004] EWCA Crim 3155 Court of Appeal, Criminal Division Potter LJ, Tugendhat J and the Recorder of Manchester 10 December 2004 Criminal evidence and procedure - Stay of proceedings for abuse of process - Defendant informed of decision that matter not to be prosecuted - Correctness of decision not to stay proceedings. Criminal evidence and...

22 June

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Hostile Witnesses at Common Law

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Download Request: Current Document: 1 Time Of Request: Tuesday, February 03, 2015 17:51:43 Send To: Summer Eudoxie JUDICIARY OF TRINIDAD AND TOBAGO HALL OF JUSTICE KNOX STREET PORT OF SPAIN, TTO Terms: (hostile witness) Source: Blackstone's Criminal Practice 2015 Project ID: None Blackstone's Criminal Practice 2015/Part F Evidence/Section F6 Examination-in-chief/Unfavourable and Hostile Witnesses/Hostile Witnesses at Common Law Hostile Witnesses at Common Law F6.55 The Criminal Procedure Act 1865, s. 3, has not destroyed or removed the common-law right of the judge, in the exercise of his discretion, to allow cross-examination of a hostile witness by asking leading questions about a previous statement. In Thompson (1976) 64 Cr App R 96 the appellant was...

22 June

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Regina v Paul Anthony Lidford

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Regina v Paul Anthony Lidford No: 200801303 B3 Court of Appeal Criminal Division 24 October 2008 [2008] EWCA Crim 2610 Case Digest The applicant was convicted unanimously on four counts of assault and was sentenced. The applicant applied for an extension of time of 11 months and 12 days in which to apply for leave to appeal against conviction and approximately seven months for an extension of time for leave to appeal against sentence. Solicitors for the applicant stated that the explanation proffered for the delay is totally inadequate and that they would have refused the application for an extension of time but, given the proposed appeal against...

22 June

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R v Morgan (Carl)

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R v Morgan (Carl) Court of Appeal (Criminal Division) 19 September 2007 Case Analysis Where Reported [2007] EWCA Crim 2236; Official Transcript Case Digest Subject: Criminal evidence Keywords: Murder; Hostile witnesses; Witness statements; Threats; Fresh evidence Summary: A conviction for murder was safe as the jury was entitled to rely upon the original witness statements of a hostile witness who had identified the offender but who subsequently resiled from the statements out of fear. Abstract: The appellant (M) appealed against his conviction for murder. It was the prosecution's case that following a dispute, M had shot the victim (S). According to a police officer, who had attended the scene, a witness...

22 June

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R v Gibbons (Dean)

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R v Gibbons (Dean) Court of Appeal (Criminal Division) 10 July 2008 Case Analysis Where Reported [2008] EWCA Crim 1574; (2009) 173 J.P. 260; [2009] Crim. L.R. 197; Official Transcript Case Digest Subject: Criminal evidence Keywords: Hostile witnesses; Recognition; Jury directions; Previous inconsistent statements; Prosecution witnesses Summary: A judge had been entitled to declare a witness hostile and to leave his evidence to the jury. Abstract: The appellant (G) appealed against his convictions of aggravated burglary, robbery and possessing a handgun with intent to cause fear of violence. The Crown's case was that G, along with a number of other men, had broken into a flat, threatened the occupants (P and...

22 June

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R v R

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R v R [2010] EWCA Crim 2741, [2010] All ER (D) 300 (Nov) Court: CA Judgment Date: 29/11/2010 Catchwords & Digest CRIMINAL LAW, EVIDENCE AND PROCEDURE - SENTENCE - IMPRISONMENT - LENGTH OF SENTENCE - OFFENCES COMMITTED BEFORE 16 SEPTEMBER 1985 AND COMPLAINANT UNDER 16 YEARS OF AGE - SENTENCES OF THREE YEARS' IMPRISONMENT IMPOSED ON SPECIFIC COUNTS WHERE MAXIMUM SENTENCE BEING TWO YEARS' IMPRISONMENT - WHETHER SENTENCE UNLAWFUL CRIMINAL LAW, EVIDENCE AND PROCEDURE - TRIAL - SUBMISSION OF NO CASE TO ANSWER - INDECENT ASSAULT - INCEST - DEFENDANT ACCUSED OF SEXUALLY ABUSING DAUGHTERS - DEFENDANT ALLEGING COLLUSION BETWEEN COMPLAINANTS - INCONSISTENT STATEMENTS - JUDGE...

22 June

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R v Mawhinney

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R v Mawhinney [2004] EWCA Crim 2234, [2004] All ER (D) 560 (Jul) Court: CA Judgment Date: 30/07/2004 Catchwords & Digest CRIMINAL LAW, EVIDENCE AND PROCEDURE - TRIAL - DIRECTION TO JURY - STATUS OF EVIDENCE - ADEQUACY OF DIRECTIONS The defendants and co-defendant were charged with and denied alternative offences of murder and conspiracy to cause grievous bodily harm. The prosecution's case was that the defendants had carried out a punishment killing of the victim having suspected him of theft of a sentimental ring from a family member and that the co-defendant had made sure that the victim was alone by taking the victim's wife...

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