24 results on '"Underhill, Gareth"'
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2. Criminal Appeal Act 1995, ss. 9-13 - reference by the Criminal Cases Review Commission - the rule in Pinfold - ability of Court of Appeal to depart from its previous decision where there was no new argument or evidence - requirement for 'exceptional circumstances'.
3. Human rights - whether judge should be disqualified on ground of bias - test to be applied when determining - human rights - privacy - admissions obtained in secret by recorded conversations between co-accused - police bugging remand cell - tape recording obtained after accused arrested and charged with other offences - whether contrary to right to privacy - whether evidence of admissions in tape recordings admissible - European Convention on Huiman Rights, Art. 8 - criminal evidence - admissions and confessions - admissions obtained in secret by recorded conversations between co-accused - police bugging remand cell - tape recording obtained after accused arrested and charged with other offences - whether evidence of admissions in tape recordings admissible - Police and Criminal Evidence Act 1984, ss. 76,78.
4. Leave to appeal - application - defendants having absconded prior to application for leave to appeal being lodged - whether legal representatives had express or implied authority to lodge an application for leave to appeal on behalf of their clients - whether presumption that the legal representatives were without instruction offended the right of access to court - European Convention on Human Rights, art. 6.
5. Youth Justice and Criminal Evidence Act 1999, s. 41 - rape - judge giving pre-trial ruling refusing defendant leave to adduce evidence of alleged sexual history with complainant - whether evidence admissible on the issue of consent - European Convention on Human Rights, art. 6.
6. Police and Criminal Evidence Act 1984, s. 78 - exclusion of evidence - entrapment disclosure - journalist's informant - whether identity should be disclosed - Contempt of Court Act 1981, s. 10 - European Convention on Human Rights, art. 6 - right to a fair trial - whether contravened by admission of evidence obtained by entrapment - discretion of judge.
7. Police and Criminal Evidence Act 1984, s. 64(3B)(b) - DNA evidence - use of profile wrongly held on National DNA Database following acquittal - profile cannot be used in evidence or in an investigation - if used in an investigation, then all evidence resulting from that investigation must be excluded.
8. Summing up - failure to remind jury of evidence - obligations of trial judge.
9. Similar fact - admissibility of previous acquittals in a subsequent prosecution, where the Crown seeks to assert or adduce evidence to show that the defendant was actually guilty on the charge in respect of which he had been acquitted.
10. Summing up - direction to jury - joint enterprise - judge refusing to give direction that jury had to make unanimous decision on factual basis of conviction - safety of conviction.
11. Criminal Appeal Act 1995, s. 9 - reference by the Criminal Cases Review Commission - approach to grounds considered in a previous appeal - Criminal Appeal Act 1995, s. 14(5).
12. Inferences from silence - whether judge erred in allowing prosecution to adduce no comment interviews - direction to jury - whether judge erred in direction on inferences from silence - Criminal Justice and Public Order Act 1994, s. 34.
13. Human rights - European Convention on Human Rights, Art. 9 - religion - defendant member of Rastafarian religion found in possession of and intending to share cannabis with other members of his faith - defendant charged with possession of Class B drug with intent to supply - whether prosecution in breach of Article 9.
14. Protection from Harassment Act 1997, ss. 1 and 2 - direction to jury - reasonable person - reasonable conduct - defendant suffering from paranoid schizophrenia - whether reasonable person sharing mental characteristics of defendant - whether mental illness relevant to question whether conduct reasonable.
15. Police and Criminal Evidence Act 1984, s. 74(3) - evidence of previous conviction - propose of the subsection was to assist in the mode of proof of the conviction - the subsection does not define or enlarge the circumstances in which such evidence could be admissible.
16. Criminal Appeal Act 1968, s. 2(1) - safety of conviction test and breach of article 6 of the European Convention on Human Rights - the Court of Appeal should approach the issue of safety of the conviction in exactly the same way as the European Court of Human Rights approaches lack of fairness.
17. Summing up - jury questions - further directions to the jury must be straightforward - unwise to speculate upon the jury's discussions or analyse the jury's reasons fo asking a question.
18. PACE 1984, s. 18 - search pursuant to - use of force to gain entry - requirement to inform the householder of the purpose of the search.
19. Theft Act 1968, s. 5(3) - property belonging to another - received from or on account of another - appellant receiving money from colleagues for purchases from hamper company - appellant failing to hand over money to hamper company - whether cash belonging to hamper company.
20. Disclosure - public interest immunity - duty on the Crown to present accurate information to the judge hearing an ex parte application.
21. Jury - verdict - verdict announced as unanimous - juror stating on the following day that he and possibly other jurors disagreed with verdict - judge declining to make any inquiries of jurors in relation to verdict - whether judge in error - whether conviction consequently unsafe - jury - majority verdict - Juries Act 1974, s. 17(3) - statement of number of assenting and dissenting jurors - failure to comply with requirement that number of dissenting jurors be stated by foreman in open court - whether verdict valid - whether conviction consequently unsafe.
22. Criminal Appeal Act 1968, s. 8(1) - retrial - application to extend time - cross-application to acquit defendant - preliminary hearing being held in time - case being adjourned to a date out of time - whether Crown having acted with all due expedition.
23. Judicial review - fine - committal for non-payment of fines - long delay before hearing - whether court may be influenced by length of delay.
24. Theft Act 1968, s. 5(3) - property received from or on account of another - obligation to deal with the property in a particular way - trustee cannot treat such property as his own unless the terms of the trust specifically provides for this - duplicity - whether it is permissible to charge a general deficiency in cases where it was impracticable to identify individual serial appropriations.
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