DPP v Cummins

 
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1984 WJSC-CCA 291

COURT OF CRIMINAL APPEAL

MR. JUSTICE GRIFFIN

MR. JUSTICE GANNON

MR. JUSTICE KEANE

Record No 25/81
D.P.P. v. CUMMINS
THE PEOPLE (AT THE SUIT OF THE DIRECTOR OF PUBLIC PROSECUTIONS)
v.
LAURENCE CUMMINS

Subject Headings:

EVIDENCE: unsworn statement

1

JUDGMENT OF THE COURT delivered on the 20th day of December 1983 by GRIFFIN J.

2

The appellant, Laurence Cummins, was tried and convicted before the Central Criminal Court on two charges of robbery with violence and possession of a fire-arm and ammunition with intent to endanger life. At his trial, when the case for the prosecution was closed, counsel for the appellant informed the learned trial Judge, Finlay P., that his client would be making an unsworn statement. The appellant then entered the witness box, and was not sworn. The following then appears in the transcript:-

"MR. LAURENCE CUMMINS, in the WITNESS BOX, EXAMINED BY MR. McENTEE
3

1. Mr. Cummins, did you participate in the robbery with which you have been charged? - No.

4

2. Did you make the statements to the Guards which you are alleged to have said (sic) that you participated in this robbery with Mr. McCormack? - No, I never did."

5

This was the entire of the "unsworn statement" of the appellant.

6

In the course of his charge to the jury, the learned trial Judge stated:-

"Now, in relation to the proof by the prosecution, it can only be on the evidence you have heard in the witness box in this case and the prosecution cannot prove anything merely by the statement of Counsel or anything else. It is only on the evidence that you have heard that you can consider this case and that applies, of course, ladies and gentlemen also in relation to the unsworn statement that was made by the accused person this morning, Mr. Cummins. There is no obligation of any description on an accused to give evidence. An accused is entitled to give sworn evidence and if he gives it, it becomes part of the evidence in the case but if he gives sworn evidence as every other witness, he can be examined and cross-examined but an accused also has a right which was exercised by Mr. Cummins this morning, to make a statement unsworn and when he does that, no one can ask him any questions. That is what Mr. Cummins did this morning and the position of that in the case is exactly identical as a matter of law, to the submissions made by Mr. McEntee on behalf of the accused. You have regard to what he said. You listen to the point or points that are made but it does not form part of the evidence in the case and therefore in this case, you are left in the situation that you look at the case as being all the evidence that was called by witnesses taking the oath and giving evidence and being examined and...

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