Khan, R v [2001] EWCA Crim 486 (06 March 2001)

The repeated and strong adverse comments in the summing-up regarding the absence of defence witnesses and the solicitor, without proper ventilation or explanation, amounted to cumulative unfairness and misdirection under section 34, rendering the conviction unsafe.

Citation: [2001] EWCA Crim 486
Parties: Appellant: Shakeel Khan; Respondent: R
Jurisdiction: England and Wales
Judgment Date: 06 March 2001
Procedural Posture: Criminal Appeal / Appeal Against Conviction; Post Appeal Procedural Application
Outcome: Appeal allowed; conviction quashed; retrial directed.
Legal Topics: Summing Up Defects, Adverse Comment on Failure to Call Witnesses, Section 34 Criminal Justice and Public Order Act 1994, Retrial Procedure

Criminal Law Summing Up Defects Adverse Comment on Failure to Call Witnesses Section 34 Criminal Justice and Public Order Act 1994 Retrial Procedure

Case Brief

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Parties

Shakeel Khan

Appellant

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Conviction; Post Appeal Procedural Application

Legal Issues

1 Whether the trial judge's summing-up contained unfair adverse comments on the failure to call defence witnesses
2 Whether the summing-up constituted a misdirection under section 34 Criminal Justice and Public Order Act 1994
3 Whether the conviction was unsafe due to cumulative unfairness in the summing-up

Ratio Decidendi

Court Disposition

Appeal allowed; conviction quashed; retrial directed.

Orders

Defendant to be arraigned on a fresh indictment within statutory two-month period.
If leave is required to arraign outside 28 days, leave granted up to two months.