R v Hillier ; R v Farrar
| Jurisdiction | England & Wales |
| Judgment Date | 29 December 1992 |
| Date | 29 December 1992 |
| Court | Court of Appeal (Criminal Division) |
Court of Appeal
Criminal procedure - defendant remaining silent - judge's limited summing up
Before accepting advice not to give evidence it should be clearly understood by a defendant that there was a limit to which a judge, in the absence of evidence from the defendant, could properly be expected to go in presenting a defence.
The Court of Appeal (Lord Justice Watkins, Mr Justice Tudor Evans and Mr Justice Tucker) so stated on December 10 when dismissing the appeals of Brian Hillier and Vivian Frederick Farrar against their convictions on July 30, 1992 at Winchester Crown Court (Judge Stanforth-Hill, QC and a jury) of conspiracy to cheat the Revenue and, in Farrer's case, also of false accounting.
LORD JUSTICE WATKINS said that in their Lordships' experience it was too often argued in the Court of Appeal that a judge had not presented the defence properly in his summing up where the...
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Damian Hodge Appellant v The Queen Respondent
... ... The cases of R v Briley 9 and R v Brian Hillier Vivian Frederick Farrar 10 were cited in support of that proposition. The appellants in these cases did not give evidence but appealed on the ... ...
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R v Roger Matthews & Norman Treseder
...no evidence, the judge should remind them in summary form of any version of events given by him prior to trial: Hillier and Farrar [1992] 97 Cr App R 349. 1.56 In our judgment, there is no arguable ground of appeal. The judge gave a succinct and sufficient summary of Mr Treseder's prepared......
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Armajit Singh-Mann, Kamlesh Panchal and Jagjeet Singh Chahal v R
... ... 88 In R v Hillier & Farrar (1993) 97 Cr App R 349 the defendant in question did not give evidence and the correct approach was identified as follows: ... ...
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