Source: All England Reporter
Publisher Citation: [2002] All ER (D) 487 (May)
Neutral Citation: [2002] UKPC 29
Court: Privy Council
Judge:

Lord Nicholls of Birkenhead, Lord Hutton, Lord Millett, Lord Scott of Foscote and Sir Andrew Leggatt

Judgment Dates: 29 May 2002

Catchwords

Trinidad and Tobago - Criminal law - Trial - Appeal against conviction - Defendant alleging trial judge failing to advise him of right to call witnesses - Defendant seeking to adduce evidence showing that complainant's identification of defendant as attacker unreliable - Whether trial judge in error.

The Case

On an appeal to the Privy Council against conviction on the grounds that, inter alia, the trial judge failed to advise the defendant of his right to call witnesses in support of his case and to adjourn to enable him to do so, the Board ruled that it was not right that the evidence which the defendant sought to admit be rejected without further investigation and, accordingly, the matter would be remitted to the court of appeal so that the court might investigate whether there was evidence of unreliable identification and, if so, to consider further whether the convictions of the defendant should be quashed

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