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DALLISON v. CAFFERY. [1961 D. No. 1575.]

ICLR: King's/Queen's Bench Division/1965/Volume 1/DALLISON v. CAFFERY.  [1961 D. No. 1575.] - [1965] 1 Q.B. 348   [1965] 1 Q.B. 348   [COURT OF APPEAL]   DALLISON v. CAFFERY.  [1961 D. No. 1575.]   1964 April 8, 9, 10, 13.   Lord Denning M.R., Danckwerts and Diplock L.JJ.   Arrest - Detention in custody - Constable, powers of - Duty to act reasonably - Power to arrest on suspicion - Power to take arrested person for reasonable investigation of suspected crime before delivery to police station and magistrates for committal.   Malicious prosecution - Reasonable and probable cause - Question for jury - Honest belief - Question of honest belief in accused person's guilt...

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Berry (Linton) v R

Berry (Linton) v R JUDICIAL COMMITTEE OF THE PRIVY COUNCIL LORD KEITH OF KINKEL, LORD ROSKILL, LORD ACKNER, LORD JAUNCEY OF TULLICHETTLE AND LORD LOWRY 29, 30 JANUARY, 4 FEBRUARY, 15 JUNE 1992 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 – Witness’s evidence in court not foreshadowed at preliminary inquiry – Material irregularity Criminal evidence – Character evidence – Relevance to credibility – Failure of trial judge to bring relevance to attention of jury – Defence...

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Baksh_v_R_[1958]_AC_167,_[1958]_2_WLR_536

  Baksh v R   [1958] AC 167, [1958] 2 WLR 536, 102 Sol Jo 228 Court: PC   Judgment Date: circa 1958   Catchwords & Digest   CRIMINAL LAW, EVIDENCE AND PROCEDURE - APPEALS - APPEAL TO THE COURT OF APPEAL FOLLOWING TRIAL ON INDICTMENT - VENIRE DE NOVO AND RETRIAL - WHETHER POWER TO ORDER NEW TRIAL -- FRESH EVIDENCE Appellant and his co-accused (who had each relied on an alibi) having been convicted of murder, both appealed to the Court of Criminal Appeal of British Guiana, who permitted to be produced and proved on the hearing of the appeal statements, which had not been available at the trial,...

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481.__Disclosure_or_advance_notification_by_

  Halsbury's Laws of England/CRIMINAL PROCEDURE (VOLUME 27 (2010), PARAS 1-451; VOLUME 28 (2010), PARAS 452-962)/10.  EVIDENCE AND WITNESSES/(5) ADVANCE INFORMATION AND DISCLOSURE/(i) Introduction/481. Disclosure or advance notification by the defendant.   Disclosure or advance notification by the defendant.   The defendant is not required to disclose any evidence or material that may be damaging to his own case or of assistance to the prosecution case, nor is he required to disclose evidence that may assist the case of any other defendant1. At common law, the defendant was not required to give any advance notice or disclosure of evidence on which he proposed to...

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480.__General_principles_of_fair_disclosure_

  Halsbury's Laws of England/CRIMINAL PROCEDURE (VOLUME 27 (2010), PARAS 1-451; VOLUME 28 (2010), PARAS 452-962)/10.  EVIDENCE AND WITNESSES/(5) ADVANCE INFORMATION AND DISCLOSURE/(i) Introduction/480. General principles of fair disclosure to the defendant.   (5)  ADVANCE INFORMATION AND DISCLOSURE   (i)  Introduction   General principles of fair disclosure to the defendant.   Criminal Procedure Rules1 may make, with respect to proceedings against any person for a prescribed offence or an offence of any prescribed class, provision2:   (1)     for requiring the prosecutor to do such things as may be prescribed for the purpose of securing that the defendant or a person representing him is furnished with, or can...

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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...

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Baksh v The Queen

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...

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R v FOXFORD

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...

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R v Keane

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...

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R v Mills; R v Poole

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...

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