Misdirection of jury

Sierra Leone — Court of Appeal · 1963

Principle established: A judge's omission to expressly direct assessors on the burden of proof will not invalidate a murder conviction if the summing-up as a whole adequately instructs them on reasonable doubt.

Sierra Leone — Court of Appeal · 1963

Principle established: A trial judge's failure to specifically direct assessors that the burden of proof rests on the prosecution does not invalidate a conviction where the summing-up taken as a whole is sufficient.

Sierra Leone — Court of Appeal · 1961

Principle established: A trial judge summing up to assessors does not usurp their function or misdirect them where he accurately summarizes the evidence and fairly presents the defence.

Sierra Leone — Court of Appeal · 1963

Principle established: A judge directing assessors on motor vehicle manslaughter sufficiently complies with law where the direction on dangerous driving and negligence adequately conveys the requisite standard.

Sierra Leone — Court of Appeal · 1963

Principle established: A summing-up on manslaughter from driving that explains dangerous driving as degrees of negligence does not deprive an accused of an opportunity of acquittal.

Sierra Leone — Supreme Court · 1975

Principle established: Where evidence in a larceny trial is conflicting and complex, the trial judge must provide adequate guidance in summing up, failure of which renders a guilty verdict unsafe.

Sierra Leone — Court of Appeal · 1975

Principle established: A conviction for larceny will be quashed where the trial judge fails to guide the jury on conflicting and complex evidence during the summing up.

Sierra Leone — Court of Appeal · 1961

Principle established: An out-of-court statement by one accused implicating a co-accused is not evidence against that co-accused, and failure so to direct the jury vitiates that co-accused's conviction.

Sierra Leone — Court of Appeal · 1973

Principle established: A misdirection on law or fact requires quashing a conviction unless, on a proper direction, the only reasonable verdict is guilty; 'grievous bodily harm' bears its ordinary meaning of really serious injury.

Sierra Leone — African Law Reports · 1972-73

Principle established: A trial judge's misdirection on law or fact warrants quashing a conviction on appeal unless, upon a proper direction, the only reasonable and proper verdict would inevitably have been guilty.

Sierra Leone — Court of Appeal · 1961

Principle established: A criminal conviction will be quashed where the trial judge errs by failing to present evidence favourable to the accused in the summing-up to the assessors.

United Kingdom · 1976

Principle established: Judges must warn juries of the special need for caution when a case relies substantially on visual identification evidence to prevent wrongful convictions.

Sierra Leone — Supreme Court · 1961

Principle established: Where there is evidence that the accused acted in self-defence, the trial judge is legally bound to submit the issue of self-defence to the assessors.

Sierra Leone — Court of Appeal · 1954

Principle established: In a trial with assessors, misdirection on the evidence constitutes an appealable error, but conviction will stand unless the prosecution fails to establish that no substantial miscarriage of justice occurred.

Sierra Leone — Court of Appeal · 1961

Principle established: The trial judge is legally bound to leave the issue of self-defence to the assessors if there is any evidence supporting that defence.

Sierra Leone — African Law Reports · 1964-66

Principle established: Where evidence indicates a prosecution witness may be an accomplice, the judge must define an accomplice, warn the jury of convicting without corroboration, and specify what evidence may constitute corroboration.

Sierra Leone — Court of Appeal · 2008

Principle established: A murder conviction must be reduced to manslaughter where the trial judge errs by failing to put the defence of provocation fairly to the jury despite evidence of an assault by multiple persons.

Sierra Leone — African Law Reports · 1950-56

Principle established: An appellate court must examine both the trial judge's summing-up to assessors and the final judgment to determine if a material misdirection influenced the outcome.