Attorney-General (The People) v Hannigan and Others [Court of Criminal Appeal.]

Judgment Date01 January 1941
Date01 January 1941
CourtCourt of Criminal Appeal
The People (Attorney-General)
Hannigan and Others

Statement made by accused to Civic Guards the only evidence against the accused - Whether jury entitled to accept part and reject the rest - Adverse witness - Evidence of - Use of previous inconsistent statement to prove witness adverse - Judge's discretion.

Though the only evidence against an accused person is a statement made by him to the Civic Guards, the jury is entitled to accept as much of the statement as they think fit and to reject the rest. Objection was taken, on behalf of an accused, on an appeal from his conviction, that the trial Judge ought not to have heard evidence in the absence of the jury to prove that one of the witnesses for the prosecution had made to the Civic Guards a statement that was inconsistent with the evidence given by him in his deposition and at the trial unless the Judge was, prior to hearing that evidence, of opinion that the witness was an adverse witness. The Court of Criminal Appeal heldthat the objection was...

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