Pham, R v

Pham, R v

Although the trial judge erred by focusing primarily on the truth or otherwise of the confessions rather than the manner in which they were obtained, the overall direction was adequate to focus the jury on the real factual issue. There was no unsafety in the conviction and the appeal is dismissed.

Source-derived case information.

Parties
Respondent: Regina; Appellant: Minu Pham
Jurisdiction
England and Wales
Judgment Date
09 December 2008
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Conviction
Outcome
Appeal dismissed; conviction upheld
Legal Topics
Confession Evidence, Jury Directions, Oppression, Admissibility of Evidence
Criminal Law Confession Evidence Jury Directions Oppression Admissibility of Evidence

Source-derived case record

Summary, issues, holding and outcome

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Parties

Regina

Respondent

Minu Pham

Appellant

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Conviction

Legal Issues

  1. 1 Whether the trial judge misdirected the jury on the approach to confession evidence allegedly obtained by oppression or improper conduct
  2. 2 Whether the conviction is unsafe due to the jury direction given

Ratio Decidendi

Although the trial judge erred by focusing primarily on the truth or otherwise of the confessions rather than the manner in which they were obtained, the overall direction was adequate to focus the jury on the real factual issue. There was no unsafety in the conviction and the appeal is dismissed.

Court Disposition

Appeal dismissed; conviction upheld