Reasons for allowance of appeal – use of hearsay evidence
Lord Justice Stanley Burnton
[2011] EWCA Crim 2341, (2011) 175 JP 462
Bailii
England and Wales
Crime
Updated: 02 November 2021; Ref: scu.447504
lex vobiscum – May the Law be with You
Reasons for allowance of appeal – use of hearsay evidence
Lord Justice Stanley Burnton
[2011] EWCA Crim 2341, (2011) 175 JP 462
Bailii
England and Wales
Crime
Updated: 02 November 2021; Ref: scu.447504
References: [2011] EWCA Crim 1626
Links: Bailii
Jurisdiction: England and Wales
Last Update: 16 November 2020; Ref: scu.441547 br>
Minor Error in Juror Directions – Conviction safe
The defendant appealed his conviction of murder. He was said to have instructed two others to carry it out. He now said that evidence had wrongly been admitted of bad character.
Held: It would have been better to direct the jury as to applying the ‘so you are sure’ to the questioned evidence but overall the direction corrected that omission and the error was insufficient to vitiate the conviction.
References: [2020] EWCA Crim 1473, [2020] WLR(D) 608
Links: Bailii, WLRD
Judges: Davis LJ, Jeremy Baker, Holgate JJ
Statutes: Criminal Justice Act 2003 101
Jurisdiction: England and Wales
Last Update: 16 November 2020; Ref: scu.655681 br>
The claimant sought compensation for his imprisonment after the overturning of his conviction, on the basis that evidence had emerged which undermined the conviction.
Held: Such a claim could not succeed where the reason for the non-use of the evidence was the incompetence or otherwise of the defence lawyers. Existing law had not decided just what constituted new evidence as regards who any evidence was unknown to. A failure by a defence team to recognise the significance of a particular item of evidence was not an example to fall with Lord Bingham’s categories in Mullen of something going seriously wrong, unless that failure was so bad as to be egregious.
References: [2009] EWCA Civ 1291, Times 07-Dec-2009, [2010] QB 460, [2010] 3 WLR 63, [2010] 1 Cr App R 25
Links: Bailii
Judges: Lord Justice Waller, Lord Justice Dyson and Lord Justice Lloyd
Jurisdiction: >England and Wales
This case cites:
(This list may be incomplete)
This case is cited by:
(This list may be incomplete)
Last Update: 12 July 2020; scu-Ref: scu.381578 br>
References: [2005] 1 WLR 2005
Jurisdiction: >England and Wales
This case is cited by:
(This list may be incomplete)
Last Update: 12 July 2020; scu-Ref: scu.430356 br>
Appeal by case stated -assault
References: [2007] EWHC 960 (Admin)
Links: Bailii
Judges: Laws LJ, Davis J
Jurisdiction: >England and Wales
Last Update: 12 July 2020; scu-Ref: scu.251639 br>
Appeal against anti social behaviour order on conviction of possession of cannabis.
References: [2007] EWHC 1032 (Admin)
Links: Bailii
Jurisdiction: >England and Wales
Last Update: 12 July 2020; scu-Ref: scu.252394 br>
Renewed application for leave to appeal from conviction of rape – defence that consensual
References: [2005] EWCA Crim 3606
Links: Bailii
Jurisdiction: >England and Wales
Last Update: 12 July 2020; scu-Ref: scu.342969 br>
The applicant challenged the imposition of an anti-social behaviour order following his conviction.
References: [2007] EWHC 883 (Admin)
Links: Bailii
Statutes: Public Order Act 1986 5
Jurisdiction: >England and Wales
Last Update: 12 July 2020; scu-Ref: scu.251645 br>
References: (1995) 69 ALJR 621, [1995] HCA 37, (1995) 130 ALR 26, (1995) 183 CLR 108
Links: Austlii
Ratio: Austlii (High Court of Australia) Criminal Law – Murder – Complicity – Common purpose to assault victim – Death – Direction that jury might convict if satisfied accused contemplated that intentional infliction of grievous bodily harm possible incident of joint enterprise.
Jurisdiction: Australia
This case is cited by:
(This list may be incomplete)
Last Update: 15 June 2020
Ref: 270891 br>