Shand v The Queen
| Jurisdiction | UK Non-devolved |
| Judgment Date | 29 November 1995 |
| Date | 29 November 1995 |
| Court | Privy Council |
Judicial Committee of the Privy Council
Privy Council - Jamaica - criminal evidence - credibility of identification witness
In cases where the defence challenged the credibility of identifying witnesses as the principal or sole means of defence, there might be exceptional cases where a TurnbullELR direction ((1977) QB 224) was unnecessary or where it was sufficient to give it more briefly than in a case where the accuracy of identification was challenged.
The Judicial Committee of the Privy Council (Lord Keith of Kinkel, Lord Browne-Wilkinson, Lord Slynn of Hadley, Lord Hoffmann and Mr Justice Hardie Boys) so stated on November 27, in dismissing an appeal by the appellant, Karl Shand, from the dismissal by the Court of Appeal of Jamaica of his application for leave to appeal against his conviction of murder.
LORD SLYNN said that the importance in identification cases of giving theTurnbull warning had been frequently stated and it clearly now applied to recognition as well as to pure identification cases.
It was, however, accepted that no precise form of words need be used so long as the essential elements of the warning were pointed out to the jury. The cases in...
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Phipps (Donald) v R
...need for caution in assessing the evidence of voice identification. As Lord Slynn of Hadley said, in reference to the Turnbull warning, in Shand v R [1996] 1 WLR 67, 72, "...no precise form of words need be used as long as the essential elements of the warning are pointed out to the jury".......
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Noel Campbell v The Queen (Jamaica)
...cases, but no precise form of words need be used so long as the essential elements of the warning are pointed out to the jury: Shand v The Queen [1996] 1 WLR 67, 72, per Lord Slynn. In the present case, it is submitted that the judge failed to give directions in accordance with Beckford an......
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Privy Council
...the guidance laid down inR v Turnbull [1977] QB 224 on a number of occasions (see Reid vTheQueen [1990] 1 AC 363; Shand vThe Queen [1996] 1 WLR 67). Accord-ingly an appropriate direction ought to have been given. Although thejudge drew attention to the possibility of mistakes being made and......