Practice and Procedure

R v MARTIN GERARD HANNA (2012)

PUBLISHED June 28, 2012
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[2012] EWCA Crim 1566

A conviction for rape was unsafe where the judge omitted to discuss the need for a Lucas direction with counsel before speeches, had not discussed the proposed terms of his jury directions with counsel or produced any written drafts, and had failed to provide the jury with the clear assistance to which they were entitled in his summing-up, especially in relation to potential evidence of distress, corroboration and motive to lie.

CA (Crim Div) (Rafferty LJ, Bean J, Judge Beaumont QC (Recorder of London))

28/06/2012

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