04 August

Sticky

R v Wood

in Criminal Law - Admissibility of photographs

R v Wood (1982) 76 Cr App Rep 23 Court: CA Judgment Date: circa 1982 Catchwords & Digest CRIMINAL LAW, EVIDENCE AND PROCEDURE - EVIDENCE - METHOD OF PROOF - DOCUMENTARY EVIDENCE - DOCUMENTS AND TAPE RECORDINGS - CALCULATIONS BY COMPUTER After the theft of certain metals, metals of the same type were found in the defendant's possession. In order to establish whether they were part of the stolen metals, chemists subjected them to elaborate analysis of which certain complicated calculations were a necessary part. These were carried out by means of a computer. On the basis of that analysis the metals in the defendant's possession...

04 August

0 Comments

Sticky

R v Tolson

Posted by site_admin

in Criminal Law - Admissibility of photographs

R v Tolson (1864) 4 F & F 103, 176 ER 488 Court: NP Judgment Date: circa 1864 Catchwords & Digest CRIMINAL LAW, EVIDENCE AND PROCEDURE - EVIDENCE - METHOD OF PROOF - IDENTIFICATION - BY PHOTOGRAPH -- IN GENERAL On an indictment for bigamy, a photographic likeness of the first husband allowed to be shown the witnesses present at the first marriage, in order to prove his identity with the person mentioned in the marriage certificate. The photograph was admissible because it is only a visible representation of the image or impression made upon the minds of the witnesses by the sight of the person or...

04 August

1 Comment

Sticky

R v Roberts and Anor

Posted by site_admin

in Criminal Law - Admissibility of photographs

All England Official Transcripts (1997-2008) R v Roberts and anor [1998] Lexis Citation 1534 (1998) Crim LR 682 (Transcript: Smith Bernal) COURT OF APPEAL (CRIMINAL DIVISION) LORD BINGHAM CJ, BRIAN SMEDLEY, THOMAS JJ 6 APRIL 1998 6 APRIL 1998 S Bassra for the Appellants; B Kealy for the Crown LORD BINGHAM CJ (Reading the Judgment of the Court): In March 1997 these two appellants stood trial in Leeds Crown Court before His Honour Judge Grant and a jury on an indictment containing three counts. All three counts related to events which took place late in the evening of Saturday, 16 September 1995 in the centre of Leeds. Count 1 charged the appellants...

04 August

0 Comments

Sticky

R v Imran and Hussain

Posted by site_admin

in Criminal Law - Admissibility of photographs

Official Transcripts (1990-1997) R v Imran and Hussain [1997] Lexis Citation 1058 [1997] Crim LR 754 (Transcript: Smith Bernal) COURT OF APPEAL (CRIMINAL DIVISION) LORD BINGHAM OF CORNHILL LCJ, ROUGIER, MAURICE KAY JJ 9 JUNE 1997 9 JUNE 1997 N Stevens for both Applicants ROUGIER J (reading the judgment of the court): It so happens that on 10 May 1995 the police had set up a concealed look-out on some matter which has never been identified. As ill-luck would have it for four young men that was the day when an attempted robbery of a shop took place in Warwick Road, Birmingham, which was, in fact, recorded on the video cameras...

04 August

0 Comments

Sticky

R v Cook

Posted by site_admin

in Criminal Law - Admissibility of photographs

All England Law Reports/1987/Volume 1 /R v Cook - [1987] 1 All ER 1049 [1987] 1 All ER 1049 R v Cook COURT OF APPEAL, CRIMINAL DIVISION WATKINS LJ, DRAKE AND OGNALL JJ 13 NOVEMBER, 9 DECEMBER 1986 Criminal evidence - Identity - Photofit picture - Admissibility - Whether photofit picture admissible in evidence - Whether admission of photofit picture contrary to hearsay rule. A photofit picture of a defendant is admissible at his trial as part of a witness's evidence and does not constitute a breach of either the hearsay rule or the rule against the admission of earlier consistent statements (see p 1054 j, post). R...

04 August

0 Comments

Sticky

R v Constantinou

Posted by site_admin

in Criminal Law - Admissibility of photographs

Criminal Appeal Case Summaries and Judgments/1989/R v Constantinou - [1989] Lexis Citation 3171 R v Constantinou 91 Cr App Rep 74, Lexis UK CD 59 [1989] Lexis Citation 3172 COURT OF APPEAL (CRIMINAL DIVISION) O'CONNER, LJ, BOREHAM, McNEILL JJ 14 APRIL 1989 14 APRIL 1989 This judgment has been summarised by LexisNexis UK editors. J Ornstin for the Appellant M Birnbaum for the Crown Registrar of Criminal Appeals; Crown Prosecution Service Criminal evidence - Identity - Photofit picture - Admissibility - Whether judge ought to have admitted photofit - Whether Turnball direction ought to have been given. M was getting into his car, having collected a substantial sum of money from a bank,...

04 August

0 Comments

Sticky

R v Blenkinsop

Posted by site_admin

in Criminal Law - Admissibility of photographs

R v Blenkinsop [1995] 1 Cr App Rep 7 Court: CA Judgment Date: circa 1995 Catchwords & Digest CRIMINAL LAW, EVIDENCE AND PROCEDURE - EVIDENCE--IDENTIFICATION--PHOTOGRAPHIC IDENTIFICATION--PHOTOGRAPHS OR VIDEO RECORDING--APPROPRIATE DIRECTION TO JURY The appellant and 23 other people were charged with violent disorder following an incident at a demonstration. Although the appellant admitted that he had been present and had taken part in the demonstration, he argued that it had not been proved that he was one of those who had actively taken part in the violence that had occurred. The prosecution evidence consisted of a photograph of the appellant taken by the police when he...

04 August

0 Comments

Sticky

Court of Appeal: R v Doherty [2016] EWCA Crim 246

Posted by site_admin

in Criminal Law - Admissibility of photographs

Court of Appeal: The Admissibility of Identification Evidence Made on the Basis of Recognition from Photographs Taken at a Crime Scene R v Doherty [2016] EWCA Crim 246 Journal of Criminal Law/2016, Volume 80/Issue 4, August/Case Notes/Court of Appeal: The Admissibility of Identification Evidence Made on the Basis of Recognition from Photographs Taken at a Crime Scene R v Doherty [2016] EWCA Crim 246 - JCL 80 (234) Journal of Criminal Law JCL 80 (234) 1 August 2016 Court of Appeal: The Admissibility of Identification Evidence Made on the Basis of Recognition from Photographs Taken at a Crime Scene R v Doherty [2016] EWCA Crim 246 Adam...

04 August

0 Comments

Sticky

Photographs, Video Recordings and Films

Posted by site_admin

in Criminal Law - Admissibility of photographs

Blackstone's Criminal Practice 2017/Part F Evidence/Section F8 Documentary Evidence and Real Evidence/Real Evidence/Photographs, Video Recordings and Films Photographs, Video Recordings and Films F8.58 A photograph may be admitted in evidence to enable a witness to identify a person or thing. In Tolson (1864) 4 F & F 103, a case of bigamy, a photograph was produced, which was admitted to be a photograph of the first husband, and a witness was allowed to testify that he had seen the man in the photograph alive after the date of the allegedly bigamous marriage. A photograph (or film) the relevance of which can be established by...

04 August

0 Comments

Sticky

Photograph and Video Evidence in Court

Posted by site_admin

in Criminal Law - Admissibility of photographs

Criminal Law and Justice Weekly (formerly Justice of the Peace)/2002/Issue 25, June/Articles/Photograph and Video Evidence in Court - (2002) 166 JPN 488 Justice of the Peace Since 1837 The Journal Dedicated to Magisterial and Local Government Law (2002) 166 JPN 488 22 June 2002 Photograph and Video Evidence in Court This Week Article Alec Samuels © Reed Elsevier (UK) Ltd 2002 The photograph and the video represent powerful visual evidence. Visual evidence is generally more compelling than any other form of evidence. The photograph and the video is frequently proffered or given in evidence. However, there can be technical and legal problems. Proof of Accuracy The normal way to prove the authenticity...

Author: site_admin