Benedetto v The Queen

Details

Type: Case

Citation: [2003] UKPC 27 [2003] 1 WLR 1545, PC

Summary: Prosecution case against B and L dependent on fellow inmate’s evidence of cell confession by L and alleged incriminating remarks by B — In light of content and nature of that evidence trial judge had correctly ruled B no case to answer — Judge’s failure in summing up to draw jury’s attention to factors justifying inference inmate’s evidence tainted by self interest and their significance, and not advising caution before accepting it, constituted fundamental defect and so L’s conviction unsafe and quashed and not to be retried — Court of Appeal had erred in refusing to admit some of fresh evidence sought to adduced by L — Proper procedure in Privy Council regarding fresh evidence

Author:

Court: PC

Jurisdiction: British Virgin Islands

Date 2003