R v Gunewardene

JurisdictionEngland & Wales
Date1951
Year1951
CourtCourt of Criminal Appeal
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35 cases
  • Dick et Al v R
    • Guyana
    • Court of Appeal (Guyana)
    • 8 May 1985
    ...the female appellant had said leas not to be used by them against the male appellant. That warning was right and is a fundamental rule: R. v. Gunewardene (1951), 35 Cr. App. R. 80. His Honour then closed his directions, with respect to the female appellant, with this caution: “The fact that......
  • Hanif Mohammed Umerji Patel v The Government of India and Another
    • United Kingdom
    • Queen's Bench Division (Administrative Court)
    • 18 April 2013
    ...is admissible only against its maker and not against anyone else such as a co-accused who may be named in it (see, for example, R v Gunewardene (1951) Cr. App. R 80 CCA; R v Spinks [1982] 1 All ER 587). A trial judge who admits a confession made by one defendant must give the jury a formal ......
  • R. v. Worme (S.B.), [2016] A.R. TBEd. JN.036
    • Canada
    • Court of Appeal (Alberta)
    • 14 October 2015
    ...v. Kyselka , 133 C.C.C. 103, 107-08 (Ont. C.A. 1962); The Queen v. Turner , [1975] 1 All E.R. 70, 75 & The Queen v. Gunewardene , [1951] 2 All E.R. 290, 294 (C.C.A.). 43. The Queen v. Sauvé , 182 C.C.C. 3d 321, 383 (Ont. C.A. 2004) (after the defence attacked the credibility of a prosec......
  • Greaves (Omar), Larmond (Paul), Hanse (Maurice), Peterkin (Troy)
    • Jamaica
    • Court of Appeal (Jamaica)
    • 30 July 2004
    ...tried with him jointly is not evidence against the co-prisoner and must be entirely disregarded. See Sumatapalage Reginald Gunewardene 35 Cr. App. R 80; Lobban v R (1995) 2 All E.R 602 at 613 and R v Kenneth Clarke and Others SCCA 62–64/94 (un-reported) delivered on the 30 th July 1999. In......
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5 books & journal articles
  • Court of Appeal
    • United Kingdom
    • Sage Journal of Criminal Law, The No. 71-2, April 2007
    • 1 April 2007
    ...rendered intostatutory form. It is trite law that a confession is only admissible againstthe person who makes it (see R v Gunewardene [1951] 2 KB 600; R vSilcott [1987] Crim LR 765). The position with a confession made by Dwhich exculpates a co-accused has been more troublesome, complicated......
  • Case Law
    • Jamaica
    • On Your Feet: Criminal Law Practice in the Parish Courts in Jamaica
    • 21 June 2021
    ...20, 2004 Treatment of circumstantial evidence in a no case submission. Cites Loretta Brisset Co-accused Statements R v Gunwardene [1951] 2 All ER 290 Examines the issue of editing the statement of one co-accused against another. Common Design/Joint Enterprise R v Sutcliffe and Barrett SCCA ......
  • Court of Criminal Appeal
    • United Kingdom
    • Sage Journal of Criminal Law, The No. 29-1, January 1965
    • 1 January 1965
    ...Commis-sioner disallowed onthesecond trial as inadmissible havingregard tothedecision oftheCourtof Criminal Appeal inR.vGunewardene (1951 2K.B.600; 16J.C.L.62).Madden'sevidence was tothefollowing effect.Thathewas walking intheneighbourhood of a cinema atElthamontheevening ofthe25 January 19......
  • Crown Courts
    • United Kingdom
    • Sage Journal of Criminal Law, The No. 39-2, April 1975
    • 1 April 1975
    ...v. Gunewardene, (1951, 2K.B.600), astonon-implicationofan accusedbyco-defendant'sconfessions,notsworn;R. v. Danielsand Watson (1973, Cr. L.R.627);andR. v. Shannon (1974,W.L.R.12fly26),extendedthepointtothetestingofco-defendentsbeing undesirableonsuchstatements;alsoR. v. Treacy (1944,30Cr.Ap......
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