SUMMING-UP

[2018] EWCA Crim 739
[2018] EWCA Crim 739
CA (Crim Div) (Rafferty LJ, Spencer J, Judge Burbidge QC)
17 April 2018

The court upheld an offender’s convictions for murder and attempted murder following the fatal shooting of a member of a rival gang.

[2018] EWCA Crim 547
[2018] EWCA Crim 547
CA (Crim Div) (Treacy LJ, Sir David Calvert-Smith, Judge Munro QC)
20 March 2018

A judge’ directions to the jury as to the meaning of “acts of terrorism” and other terms within the Terrorism Act 2006 s.2 had adequately protected a young offender’s ECHR art.10 rights.

[2017] EWCA Crim 1461
[2017] EWCA Crim 1461
CA (Crim Div) (Thirlwall LJ, Spencer J, Recorder of Westminster)
6 October 2017

A conviction for kidnap was unsafe where the judge had failed to properly assess the reliability of the hearsay evidence of an absent witnesses.

[2017] EWCA Crim 1391
[2017] EWCA Crim 1391
CA (Crim Div) (Lord Thomas LCJ, Davis LJ, Treacy LJ, Sweeney J, Spencer J)
26 September 2017

The court determined that the interpretation in R. (on the application of Collins) v Secretary of State for Justice [2016] EWHC 33 (Admin) of the Criminal Justice and Immigration Act 2008 s.76(5A) on self-defence in householder cases was correct. The court also gave guidance on summing up in such cases.

[2017] EWCA Crim 1174
[2017] EWCA Crim 1174
CA (Crim Div) (Lord Thomas LCJ, Goss J, Sir Wyn Williams)
31 July 2017

A judge’s intervention and direction to the jury during defence counsel’s closing speech did not affect the safety of a defendant’s conviction. She ought to have put to counsel what she intended to say before she said it, and if she intended to criticise him in front of the jury, she ought to have raised that with him first. Overall, however, the summing-up was thorough and fair.

[2017] EWCA Crim 1007
[2017] EWCA Crim 1007
CA (Crim Div) (Irwin LJ, Sir Alan Wilkie, Judge Dickinson QC)
18 July 2017

The judge’s summing-up, in a trial of three defendants on a charge of conspiracy to commit fraud by false representation, was not unfair.

[2017] UKPC 16
[2017] UKPC 16
PC (Mau) (Lord Mance, Lord Kerr, Lord Wilson, Lord Hughes, Lord Hodge)
22 May 2017

A defendant considering bringing a criminal appeal in the State of Mauritius was entitled, on payment of the cost of providing it, to a copy of the digital record of the trial. If the appeal court was asked to listen to such a recording, it was fully entitled to insist that that request was justified by counsel on behalf of whichever party had made the request.

[2017] EWCA Crim 491
[2017] EWCA Crim 491
CA (Crim Div) (Davis LJ, Holroyde J, Judge Kinch QC)
30 March 2017

Convictions for wounding with intent, assault occasioning actual bodily harm, having an offensive weapon and criminal damage were upheld. The judge had not erred in her summing up and the appellant had not been prejudiced by an agreed admission placed before the jury.

[2017] EWCA Crim 167
[2017] EWCA Crim 167
CA (Crim Div) (Davis LJ, Simler J, Judge Munro QC)
17 February 2017

Deficiencies in a judge’s legal directions to the jury, taken cumulatively with the absence of a structured route to verdict as well as other failures in his summing-up, were such as to render three convictions for joint enterprise robbery unsafe.

CA (Crim Div) (Davis LJ, Jeremy Baker J, Judge Munro QC)
7 February 2017

A judge’s direction in a murder trial as to the meaning of “substantial” impairment within the Homicide Act 1957 s.2 as regards the defence of diminished responsibility had amply complied with the guidance given in R. v Golds (Mark Richard) [2016] UKSC 61; she had not elaborated unduly and the conviction was safe. The offender’s sentence of life imprisonment with a minimum term of 22 years, whilst severe, was not manifestly excessive.

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