Read the full judgment text of FACC 1/2010 on BabelCite. This FACC judgment.
1. We agree with Mr Justice Litton NPJ that this appeal must be allowed. The passages in his judgment which detail the conduct of the proceedings in the courts below amply justify the conclusion which he reaches. Leave to appeal was granted on two points of law. Both are made out. First, the magistrate’s inquiry into whether the accused had given the police an account consistent with his testimony ran counter to the right to silence and the burden of proof. As Mr Justice Mortimer NPJ (speak
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