Benedetto v R
[2003] UKPC 27
Citation 1
…ubmits that the Court of Appeal erred in refusing the application and, in particular, points to the statement of Lord Hope in Benedetto v The Queen [2003] UKPC 27; [2003] 1 WLR 1545, para 65 that while it is always a relevant consideration that evidence which it is sought to adduce on appeal could have been calle…
Ebanks v. The Queen (Jamaica)
[2006] UKPC 6
Citation 2
…honesty of the witness’s assertion that she knew the accused. (See also Pop (Aurelio) v R [2003] UKPC 40; [2003] 62 WIR 18; Ebanks (David) v R [2006] UKPC 6; [2006] 68 WIR 390 per Lord Carswell at paras 16-19; R v Harris [2003] EWCA Crim 174 per Potter LJ at para 33.) However, in his ruling admitting Scott’s de…
France & Anor v. The Queen (Jamaica)
[2012] UKPC 28
Citation 3
…eady told the police precisely who he was. The dock identification was a “pure formality” (per Lord Brown at para 10). Similarly, in France v R [2012] UKPC 28; (2012) 82 WIR 382, another case of recognition, Lord Kerr, delivering the opinion of the Board, observed (at para 33) that a dock identification in the or…
Grant v The Queen (Jamaica)
[2006] UKPC 2
Citation 4
…111. As Lord Bingham stated in the Privy Council decision in Grant v The Queen [2006] UKPC 2; [2006] 1 AC 1, para 12 it is a “fundamental common law principle” that:…
Pipersburgh & Anor v. The Queen (Belize)
[2008] UKPC 11
Citation 5
…entification by an identifying witness who has not made a previous identification of the accused is not per se inadmissible ( Pipersburgh v The State [2008] UKPC 11; (2008) 72 WIR 108, para 10), it is well established that a dock identification in such circumstances is undesirable and ought not to be allowed ( Go…
Pop v. R (Belize)
[2003] UKPC 40
Citation 6
…tion parade, had one been held, would have tested the honesty of the witness’s assertion that she knew the accused. (See also Pop (Aurelio) v R [2003] UKPC 40; [2003] 62 WIR 18; Ebanks (David) v R [2006] UKPC 6; [2006] 68 WIR 390 per Lord Carswell at paras 16-19; R v Harris [2003] EWCA Crim 174 per Potter LJ at p…
Stewart v R. (Jamaica)
[2011] UKPC 11
Citation 7
…to the point. Where an identifying witness claims previous acquaintance with the person identified, different considerations will apply. In Stewart [2011] UKPC 11, (2011) 79 WIR 409 the identifying witness claimed to have known the accused and his family for a long time. In that case the Board considered that the…
Stubbs v The Queen (Bahamas)
[2018] UKPC 30
Citation 8
…the three appeals against conviction on the ground that Isaacs JA should have recused himself from the hearing of the appeal in the Court of Appeal: [2018] UKPC 30; [2019] AC 868. The case was remitted to the Court of Appeal for a re-hearing of the appeal before a differently constituted court. Since the Board u…
Swaby v. The Queen (Bahamas)
[1997] UKPC 68
Citation 9
…had been a previous identification of Evans so that the identification in court was merely confirmation of the earlier identification. (See Swaby v R [1997] UKPC 68, 12-13.) However, in the present case the evidence of the earlier claimed identification of Evans by Campbell was riddled with inconsistencies, was u…