18 September

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Milton (Audley) v R

West Indian Reports/Volume 49 /Milton (Audley) v R - (1996) 49 WIR 306 (1996) 49 WIR 306 Milton (Audley) v R JUDICIAL COMMITTEE OF THE PRIVY COUNCIL LORD GOFF OF CHIEVELEY, LORD JAUNCEY OF TULLICHETTLE, LORD LLOYD OF BERWICK, LORD HOFFMANN AND LORD COOKE OF THORNDON 24 JUNE, 9 JULY 1996 Criminal evidence - Prosecution evidence - Disclosure to defence - Statements by crucial prosecution witnesses not disclosed to defence - Significant discrepancies between evidence in court and statements - Discrepancies not brought to attention of defence - Conviction based on evidence quashed At the trial of the appellant for murder, two witnesses gave evidence on behalf...

18 September

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Baksh v The Queen

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Weekly Law Reports (ICLR)/1958/Volume 2 /MOHAMED FIAZ BAKSH APPELLANT; AND THE QUEEN RESPONDENT. - [1958] 2 WLR 536 [1958] 2 WLR 536 [PRIVY COUNCIL.] MOHAMED FIAZ BAKSH APPELLANT; AND THE QUEEN RESPONDENT. ON APPEAL FROM THE COURT OF CRIMINAL APPEAL OF BRITISH GUIANA. 1958 Feb. 13;Mar. 11. LORD REID, LORD TUCKER, LORD SOMERVELL OF HARROW, LORD DENNING and the RT. HON. L. M. D. DE SILVA. Criminal Law -- Appeal -- Fresh evidence -- Statements by prosecution witnesses to police -- Not available at trial -- Material discrepancies when compared with oral evidence -- Whether trial should have been ordered -- Murder -- British Guiana. British Guiana. The appellant...

14 September

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R v FOXFORD

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Northern Ireland Law Reports/1974/R v FOXFORD - [1974] NI 181 [1974] NI 181 R v FOXFORD COURT OF CRIMINAL APPEAL LOWRY LCJ, CURRAN AND JONES LJJ 28 29 30 31 MAY 3 4 6 7 21 JUNE 1974 Criminal law - Manslaughter - Boy shot by soldier - Whether unlawful and dangerous act - Whether gross negligence - Verdict of manslaughter - Failure of Crown to call certain witnesses at trial - Inadmissible statements put to accused in cross-examination - Whether trial proper - Whether verdict unsafe and unsatisfactory. The accused, a soldier, was charged with the manslaughter of a twelve year old boy while on night...

14 September

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R v Keane

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All England Law Reports/1994/Volume 2 /R v Keane - [1994] 2 All ER 478 [1994] 2 All ER 478 R v Keane COURT OF APPEAL, CRIMINAL DIVISION LORD TAYLOR OF GOSFORTH CJ, AULD AND MITCHELL JJ 15 FEBRUARY, 14 MARCH 1994 Criminal evidence - Prosecution evidence - Disclosure of police sources of information to defence - Public interest immunity - Confidentiality of sources - Weight of public interest in non-disclosure to be balanced against importance of documents to defence - Material documents to be put before court. On 16 February 1991 the police obtained a warrant permitting them to search the appellant's home in Birmingham on the...

14 September

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R v Mills; R v Poole

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All England Law Reports/1997/Volume 3 /R v Mills; R v Poole - [1997] 3 All ER 780 [1997] 3 All ER 780 R v Mills; R v Poole HOUSE OF LORDS LORD GOFF OF CHIEVELEY, LORD SLYNN OF HADLEY, LORD HOPE OF CRAIGHEAD, LORD CLYDE AND LORD HUTTON OF BRESAGH 8, 9, 10 APRIL, 24 JULY 1997 Criminal evidence - Prosecution evidence - Disclosure of information to defence - Disclosure of witness statements - Non-disclosure of statements made by possible witness which prosecution decides not call - Prosecution deciding not to call witness considered not to be credible, but refusing to release to defence witness's statements...

14 September

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R v Ward

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All England Law Reports/1993/Volume 2 /R v Ward - [1993] 2 All ER 577 [1993] 2 All ER 577 R v Ward COURT OF APPEAL, CRIMINAL DIVISION GLIDEWELL, NOLAN AND STEYN LJJ 29 APRIL, 5, 6, 7, 8, 11, 12, 13, 14, 15, 18, 26, 27, 28 MAY, 4 JUNE 1992 Criminal evidence - Practice - Prosecution's duty to disclose - Duty of prosecution to disclose all relevant material - Duty to disclose scientific material adverse to prosecution case - Failure by prosecution to disclose all relevant material - Whether material irregularity in course of trial. Criminal evidence - Admissions and confessions - Reliability - Admissibility of...

08 September

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Murphy v The Queen

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Murphy v. R (The Bahamas) [2002] UKPC 3 (22 November 2001) Privy Council Appeal No. 34 of 2001 Marvin Murphy Appellan v. The Queen Respondent FROM THE COURT OF APPEAL OF THE COMMONWEALTH OF THE BAHAMAS --------------- REASONS FOR REPORT OF THE LORDS OF THE JUDICIAL COMMITTEE OF THE PRIVY COUNCIL OF THE 22nd November 2001, Delivered the 31st January 2002 ------------------ Present at the hearing:- Lord Slynn of Hadley Lord Mustill Lord Scott of Foscote Sir Andrew Leggatt Sir Philip Otton [Delivered by Sir Philip Otton] ------------------ At the conclusion of the hearing on Thursday, 22nd November 2001 their Lordships agreed humbly to advise Her Majesty that the appeal should be allowed, the appellant’s conviction quashed and that...

08 September

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Haines v Roberts

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All England Law Reports/1953/Volume 1 /Haines v Roberts - [1953] 1 All ER 344 [1953] 1 All ER 344 Haines v Roberts QUEEN'S BENCH DIVISION LORD GODDARD CJ, CROOM-JOHNSON AND PEARSON JJ 26 JANUARY 1953 Street Traffic - Charge of motor vehicle while under influence of drink - "In charge" - Vehicle left in public yard - Road Traffic Act, 1930 (c 43), s 15(1). Where a person leaves a motor vehicle in a road or public place away from home, he is in charge of that vehicle until he puts it into the charge of somebody else. Quaere: whether a person remains in charge of a motor...

08 September

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Director of Public Prosecutions V. Watkins

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ICLR: King's/Queen's Bench Division/1989/DIRECTOR OF PUBLIC PROSECUTIONS v. WATKINS - [1989] Q.B. 821 [1989] Q.B. 821 [QUEEN'S BENCH DIVISION] DIRECTOR OF PUBLIC PROSECUTIONS v. WATKINS 1989 Jan. 23, 24; March 1 Taylor L.J. and Henry J. Road Traffic - Drunk in charge of motor vehicle - "In charge" - Defendant in driving seat of vehicle not owned by him - Defendant holding bunch of keys - No evidence that key in hand suitable to start engine - Whether defendant in charge - Whether likelihood of defendant driving car - Road Traffic Act 1972 (c. 20), ss. 5, 6 (as amended by Transport Act 1981 (c. 56),...

08 September

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Defences

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Blackstone's Criminal Practice 2018/Part C Road Traffic Offences/Section C5 Drink-Driving and Drug-Driving Offences/DRIVING, OR BEING IN CHARGE, WITH ALCOHOL CONCENTRATION ABOVE PRESCRIBED LIMIT/Defences Defences C5.49 The Statutory 'Hip-flask' Defence Section 15(3) of the RTOA 1988 (see C5.41) affords a defence to a charge under the RTA 1988, s. 5, where the defendant claims that the fact that he has alcohol in his body above the prescribed limit is attributable to consumption after the event to an extent that, but for that later consumption of alcohol, evidence from the specimen would not have resulted in an offence being made out. Once the statutory assumption...

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