R v Martinez-Tobon

JurisdictionEngland & Wales
Date1994
CourtHouse of Lords
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3 cases
  • R v Friend
    • United Kingdom
    • Court of Appeal (Criminal Division)
    • 26 March 1997
    ...the prosecution evidence, or additional to it or exculpatory, and which if true, would have been in the accused's own knowledge. (see R v Martinez-Tobon [1994] 1 WLR 15The Criminal Justice and Public Order Act 1994 repealed s.1(b) of the 1898 Act. S.35(2) requires the court to satisfy itse......
  • Azzopardi v R
    • Australia
    • High Court
    • 3 May 2001
    ...1 WLR 388 at 392; [1994] 2 All ER 90 at 94 (direction upheld), with petition for leave to appeal dismissed by the House of Lords: [1994] 1 WLR 753; [1994] 2 All ER 90 at 99; Purdie v Maxwell [1960] NZLR 599; Trompert v Police [1985] 1 NZLR 357 at 358. 60 O'Donnell (1917) 12 Cr App R 219 ......
  • R v Cowan
    • United Kingdom
    • Court of Appeal (Criminal Division)
    • 12 October 1995
    ...as to his own record. On the other hand, in certain cases, judges were entitled to comment on the defendant's failure to testify ( Martinez-Tobon, 98 Cr App R 375). Arguably, this put pressure on a defendant to give evidence. Even in a case calling only for the classic Bathurst direction ......

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