Phipps -v- The Director of Public Prosecutions and Another - PC - 27-Jun-2012 - Lord Hope, Lord Dyson, Lord Wilson, Lord Reed, Lord Carnwath (Bailii, [2012] UKPC 24) - Commonwealth - Criminal Evidence
(Jamaica) The defendant appealed against his conviction for murder. He complained that he had been prejudiced because the jury were told that he had been produced from custody, and one of his witnesses was produced in court in chains, thus undermining their evidence. The court of appeal had accepted that the latter had been unexplained and heavy handed. He also complained of the use of evidence that his voice had been recognised.
Held: The appeal failed. The prejudice to the defendant was dealt with properly by the judge in his directions. As to the use of evidence of identification by voice recognition, "The judge could hardly have done more to bring to the attention the need for caution in considering this part of the evidence, and the reasons for it, and their duty to consider each of the witnesses individually."
Cases Cited:
Regina -v- Turnbull and Another etc CACD 9-6-1976 (lip, [1976] 3 WLR 445, [1977] QB 224, (1976) 63 CAR 132, [1976] 3 All ER 549)
Regina -v- Robb CACD 1991 ([1991] 93 Cr App R 161)
Regina -v- Clare, Regina -v- Peach CACD 7-4-1995 (Independent 07-Apr-95, Times 07-Apr-95, Gazette 03-May-95, [1995] 2 Cr App R 333)
Aurelio Pop -v- The Queen PC 22-5-2003 (Bailii, [2003] UKPC 40, PC, PC, (2003) 137 SJ 692, (2003) 62 WIR 18)
Shand -v- The Queen PC 27-11-1995 (Times 29-Nov-95, [1996] 1 WLR 67, Bailii, [1995] UKPC 46)
Flynn and Another, Regina -v- CACD 2-5-2008 ([2008] 2 Cr App R 20, Bailii, [2008] EWCA Crim 970)
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