Law and Rights
The Court of Appeal (Criminal Division) has given judgment in three appeals involving the death of a baby - see Henderson, Butler, Oyediran v R [2010] EWCA Crim 1269. These are very difficult and emotional cases in which a jury often has to weigh conflicting expert medical evidence. Whilst the jury remains the fact-finding body, the jurors will receive direction from the judge. According to the court, there are two necessary elements in the jury direction: [1] not to overlook a realistic possibility of there being an unknown cause and [2] how to handle conflicting medical evidence. See paragraphs 217 and 218 of the judgment.
- Lord Janner ~ Unfit To Plead Or Stand Trial
The Judiciary has published the decision of Mr Justice Openshaw regarding whether Lord Greville Janner is fit to plead - read the decision dated 7th December 2015. The learned judge took the opportunity to restate the test for fitness to plead or...
- Compensation For Miscarriage Of Justice ~ Allen V United Kingdom
On 12th July, the European Court of Human Rights Grand Chamber gave judgment in Allen v United Kingdom - JUDGMENT - The Guardian 12th July. The case concerned the refusal to grant compensation to a mother acquitted of the manslaughter of her four-month...
- Court Of Appeal (criminal Division) Report 2009-10
Essential reading for the criminal lawyer or student of criminal law has to be the Court of Appeal (Criminal Division) Annual Report 2009-10 published today 16th December - see Judiciary website and a pdf version here. This is no dry as dust...
- Nailed At Last .... Men Convicted At The First Non-jury Trial In The Crown Court
The four men - (Twomey, Blake, Hibberd and Cameron) - charged with a large-scale robbery committed at Heathrow in 2004 have been convicted by Mr Justice Treacy who heard the case without a jury. See Telegraph 31st March 2010 and the earlier post...
- Man On Trial For 2004 Armed Robbery Has Absconded
Peter Blake, a man on trial before Mr Justice Treacey, has absconded. He is one of 4 men standing trial together before a judge alone. The alleged offences date back to a robbery at Heathrow Airport in February 2004. See The Independent...
Law and Rights
Shaken Baby Syndrome
The Court of Appeal (Criminal Division) has given judgment in three appeals involving the death of a baby - see Henderson, Butler, Oyediran v R [2010] EWCA Crim 1269. These are very difficult and emotional cases in which a jury often has to weigh conflicting expert medical evidence. Whilst the jury remains the fact-finding body, the jurors will receive direction from the judge. According to the court, there are two necessary elements in the jury direction: [1] not to overlook a realistic possibility of there being an unknown cause and [2] how to handle conflicting medical evidence. See paragraphs 217 and 218 of the judgment.- Lord Janner ~ Unfit To Plead Or Stand Trial
The Judiciary has published the decision of Mr Justice Openshaw regarding whether Lord Greville Janner is fit to plead - read the decision dated 7th December 2015. The learned judge took the opportunity to restate the test for fitness to plead or...
- Compensation For Miscarriage Of Justice ~ Allen V United Kingdom
On 12th July, the European Court of Human Rights Grand Chamber gave judgment in Allen v United Kingdom - JUDGMENT - The Guardian 12th July. The case concerned the refusal to grant compensation to a mother acquitted of the manslaughter of her four-month...
- Court Of Appeal (criminal Division) Report 2009-10
Essential reading for the criminal lawyer or student of criminal law has to be the Court of Appeal (Criminal Division) Annual Report 2009-10 published today 16th December - see Judiciary website and a pdf version here. This is no dry as dust...
- Nailed At Last .... Men Convicted At The First Non-jury Trial In The Crown Court
The four men - (Twomey, Blake, Hibberd and Cameron) - charged with a large-scale robbery committed at Heathrow in 2004 have been convicted by Mr Justice Treacy who heard the case without a jury. See Telegraph 31st March 2010 and the earlier post...
- Man On Trial For 2004 Armed Robbery Has Absconded
Peter Blake, a man on trial before Mr Justice Treacey, has absconded. He is one of 4 men standing trial together before a judge alone. The alleged offences date back to a robbery at Heathrow Airport in February 2004. See The Independent...