Convictions for both causing and attempting to cause grievous bodily harm with intent were safe where a judge had not misdirected or failed to direct a jury appropriately in relation to certain issues.
ADEQUACY OF JUDGE’S DIRECTIONS TO JURY
Where a trial judge had failed to give proper directions on certain matters to the jury, particularly in respect of an accused’s failure to give evidence, his convictions for kidnapping, false imprisonment and having an imitation firearm with intent to commit an indictable offence were unsafe.
When giving directions on similar fact evidence what was essential was that those directions assisted the jury sufficiently to ensure that they did not make inappropriate use of the evidence of any one witness to support the evidence of another. In the circumstances the judge had given clear directions on supporting witnesses, the absence of collusion and similarity and his approach was pragmatic, fair and helpful such that the appellant’s convictions were safe.