30 June

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R v Pemberton

R v Pemberton (1993) 99 Cr App Rep 228 Court: CA Judgment Date: 15/10/1993 Catchwords & Digest CRIMINAL LAW, EVIDENCE AND PROCEDURE - TRIAL - DIRECTION TO JURY - ALIBI EVIDENCE - WITNESS GIVING EVIDENCE OF BEING WITH ACCUSED AT TIME OF OFFENCE - WITNESS DISCLOSING IN CROSS-EXAMINATION THAT UNABLE TO RECOLLECT WHICH NIGHT WAS IN QUESTION - IDENTIFICATION EVIDENCE - WHETHER JUDGE OUGHT TO HAVE DIRECTED JURY ON ALIBI EVIDENCE The appellant was charged with robbery following an incident in which money was stolen from a mini-cab driver by a man who absconded. The mini-cab driver picked the appellant out of an identification parade. The...

30 June

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R v Dean Gibbons [2008] EWCA Crim 1574

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in Hostile Witnesses

Neutral Citation Number: [2008] EWCA Crim 1574 No. 2007/04793/C1 IN THE COURT OF APPEAL CRIMINAL DIVISION Royal Courts of Justice The Strand London WC2A 2LL Date: Thursday 10 July 2008 B e f o r e: LORD JUSTICE HOOPER MRS JUSTICE COX DBE and THE RECORDER OF NOTTINGHAM (Sitting as a Judge of the Court of Appeal, Criminal Division) - - - - - - - - - - - - - - - - - - - - - R E G I N A - v - DEAN GIBBONS - - - - - - - - - - - - - - - - - - - - - Computer Aided Transcription by Wordwave International Ltd (a Merrill...

22 June

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Francis Fraser, Robert Warren

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in Hostile Witnesses

*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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in Hostile Witnesses

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...

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