People (Attorney General) v Trayers

• Jurisdiction: Ireland
• Judgment Date: 01 January 1956
• Date: 01 January 1956
• Court: Court of Criminal Appeal

(C.C.A.),

The People (Attorney General)

and

Trayers

Evidence of prosecutrix -Absence of corroboration - Judge's charge - Jury directed that it was unsafe to convict on girl's uncorroborated evidence - Reference in charge to evidence which might "go a long way towards corroboration" - Whether such direction nullified by such reference - Whether such direction coupled with such reference a misdirection -Comments of trial Judge in charge on failure of accused to give evidence on oath - Extent to which trial Judge may so comment - Whether any duty on trial Judges so to comment.

T. was charged with having unlawfully had carnal knowledge of P.M.D. a girl between the ages of fifteen and seventeen years. The trial Judge, while directing the jury that it was not safe to convict T. on the uncorroborated testimony of P.M.D., described the evidence of P.M.D.'selder brother, J.D., concerning the subsequent conduct of T. in relation to the proceedings as evidence which might "go a long way towards corroboration." T. did not give evidence, and the trial Judge, who stated that it was his duty to refer to T's failure to give evidence, told the jury that they might "take into account that he [T.] has not gone into the witness box"and later in his charge asked the jury to "bear in mind that the accused did not go into evidence." T. was convicted and sentenced. The trial Judge refused a certificate for leave to appeal and T. applied to the Court of Criminal Appeal for leave to appeal. Held by the Court of Criminal Appeal 1, that the trial Judge misdirected the jury by directing them thatP.M.D.'s evidence of the alleged offences was...