Practice and Procedure

R v NADIA ANNE HARVEY sub nom R v NADINE ANNE HARVEY (2009)

PUBLISHED March 18, 2009
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[2009] EWCA Crim 469

Criticisms of a judge's summing up to the jury in a case involving the defence of self defence were, on the facts, unfounded and served only to demonstrate the erroneous belief that all the elements of self defence were relevant in every case and must always be mechanically recited to the jury. Directions had to be tailored to the factual dispute in question, and in the instant case, it had not been relevant to draw the jury's attention to the defendant's perceptions of the facts.

CA (Crim Div) (Moses LJ, Hedley J, Judge Russell Recorder of Preston)

18/03/2009

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