The Court of Appeal of Trinidad and Tobago should be slow to apply the proviso to s.44(1) Supreme Court of Judicature Act where the result of an erroneous felony/murder direction had been that the crucial issue as to what the accomplice contemplated in relation to the use of a deadly weapon was not considered or canvassed at trial.

PC (Trin) (Lord Slynn of Hadley, Lord Nicholls of Birkenhead, Lord Hope of Craighead, Lord Clyde, Lord Hutton)

21/07/1999