Judgment: 2018-06-11 · Court archive

Court of Appeal orders retrial after conviction was quashed

The court said a jury should ultimately resolve the case after an earlier conviction was quashed over a judge’s failure to give a requested warning.

The Court of Appeal ·

Who, what, where, when and why

Who
  • Alan Hanley (Appellant)
What

The court said a jury should ultimately resolve the case after an earlier conviction was quashed over a judge’s failure to give a requested warning.

Where

No place detail is included in this summary.

When

Judgment:

Why

Reasons reported in the judgment

The Court of Appeal has ordered a retrial in a case involving Alan Hanley after an earlier conviction was quashed because the trial judge failed to give a particular warning that had been sought.

The Court of Appeal has ordered a retrial in a case involving Alan Hanley after an earlier conviction was quashed because the trial judge failed to give a particular warning that had been sought.

In an ex tempore judgment delivered on 11 June 2018, the court said it had considered submissions by Mr Bowman opposing the Director of Public Prosecutions’ application for a retrial. It concluded that a retrial was appropriate because evidence remained for a jury to consider and the matter should ultimately be resolved by a jury verdict.

The judgment records the retrial order. It does not identify the offence or describe the evidence, the requested warning, or the circumstances in which the conviction was quashed.

Read the original court judgment

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