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Court of Appeal dismisses appeal of murder conviction where the trial commenced nearly thirty years after the offence, on the grounds that: a) the trial judge was correct to refuse the application to withdraw the case from the jury made at the conclusion of the prosecution evidence; b) trial judge gave the jury a solid delay warning; and c) the appellant’s ability to mount a defence to the charge of murder was not unduly hampered by the lengthy delay in bringing the prosecution, or any difficulties with the availability of witnesses.
Criminal law – appeal of murder conviction – trial commenced nearly thirty years after the offence – delay – non availability of certain witnesses – whether the appellant was prejudiced by the delay in bringing the prosecution – Walsh on Criminal Procedure (2nd Edition) – trial judge was correct to refuse the application to withdraw the case from the jury made at the conclusion of the prosecution evidence – trial judge gave the jury a solid delay warning – appellant’s ability to mount a defence to the charge of murder was not unduly hampered by the lengthy delay in bringing the prosecution – appeal dismissed.
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