Brown v The The Queen

The appeal before the court was brought by a defendant against their conviction by a trial judge alone. The defendant contended that the trial judge should have directed herself in terms of section 165B of the Evidence Act, which provides for a warning to be given when a person gives evidence that is hostile or adverse to the party who called them as a witness. The defendant argued that the failure to give such a direction resulted in a miscarriage of justice.

The legal issues before the court were whether the trial judge was required to direct herself in terms of section 165B of the Evidence Act, and if so, whether the failure to do so resulted in a miscarriage of justice. The court considered the circumstances of the case, including whether the evidence given by the witness was indeed hostile or adverse to the party who called them, and whether the defendant was prejudiced by the failure to give the warning.

The court found that the trial judge was not required to direct herself in terms of section 165B of the Evidence Act because no application for such a direction was made. The court held that the provision was not mandatory, and the failure to give the warning did not result in a miscarriage of justice. The court found that the evidence given by the witness was not so adverse as to require a warning, and the defendant was not prejudiced by the failure to give the warning. The appeal against conviction was dismissed.