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Court of Appeal orders re-trial in criminal case where the conviction was quashed when the trial judge made an error in not providing a particular warning that was sought, on the grounds that there was evidence to be considered by the jury, and it is a matter that should ultimately be resolved by a jury verdict.
Criminal law – whether a retrial is appropriate – conviction has been quashed in circumstances where the Court concluded that the judge made an error in not providing a particular warning that was sought – re-trial ordered.
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