Read the full judgment text of FAMC 000059/2004 on BabelCite. This FAMC judgment was delivered on 12 January 2005.
1. The Court of Appeal appears to have taken and acted on the view that an omission to give the sort of direction which takes its name from the decision of the English Court of Appeal in R v. Walton [2003] EWCA 3644 becomes immaterial once the jury convicts both of the accused who blamed each other in the witness-box. But does it? This is a question of law of great and general importance. And it is open to reasonable argument. There are hazards in deducing the thinking processes of jurors wh