Practice and Procedure

R v RC (2013)

PUBLISHED January 29, 2013

[2013] EWCA Crim 132

In criminal trials, there was much wisdom in a discussion between the judge and counsel taking place after the conclusion of evidence and prior to the summing up so that counsel could, if necessary, remind the judge of any directions he had resolved earlier in the proceedings to give. In the instant case, a conviction for wounding with intent was unsafe where the judge resolved to give a "strong" direction to the jury as to the effect of hearsay evidence from a co-accused, but then overlooked to actually give it.

CA (Crim Div) (Treacy LJ, Simon J, David Clarke J)