Court of Appeal dismisses appeal of murder conviction imposed after the appellant and her brother entered the victim's apartment and inflicted serious injuries which proved to be fatal, on the grounds that: 1) the trial judge was correct in refusing an application that the appellant should be tried separately from her co-accused; 2) the trial judge was entitled to direct the jury to the plea of guilty entered by her co-accused to the charge of murder, and it was entirely appropriate for the judge to invite the jury to focus on the remaining accused; and 3) the trial judge did not coerce the appellant to continue giving evidence during the trial as there was no right on the part of the appellant to remain silent having begun her evidence.
Criminal law – appeal of murder conviction – appellant and her brother entered the victim's apartment and inflicted serious injuries which proved to be fatal – whether the trial judge erred in refusing an application that the appellant should be tried separately from her co-accused – whether the trial judge erred in failing to direct the jury that the plea of guilty entered by her co-accused to the charge of murder was positively supportive of her case being that it was her co-accused and not the appellant who had caused the death of the deceased – whether the trial judge failed properly to charge the jury in relation to the fact that the allegations made by her co-accused against the deceased – whether the trial judge wrongly coerced the appellant to continue giving evidence during the trial including doing so by means of “threats” in relation to the consequences for the appellant of her failing to continue with her evidence – whether the trial judge misdirected the jury in relation to the issue of corroboration – this was quintessentially a case for a joint trial – Criminal Justice (Evidence) Act, 1924 – Ms. Cummins was free to decide not to give evidence – no right on the part of the appellant to remain silent having begun her evidence – appeal dismissed.