People (Attorney General) v Taylor
| Jurisdiction | Ireland |
| Judgment Date | 30 July 1974 |
| Date | 30 July 1974 |
| Docket Number | [No. 111 of 1972] |
| Court | Court of Criminal Appeal |
Court of Criminal Appeal
Criminal law - Evidence - Hostile witness - Procedure - Statement made by witness before trial - Purpose for which statement admissible.
During the trial of an accused on indictment for murder, the trial judge gave the prosecution leave to treat a prosecution witness as hostile. A written statement made by the witness before the trial was admitted in evidence. The statement was in conflict with the evidence of the witness at the trial and gave an account of the events at the time of the crime which was prejudicial to a defence which the accused was seeking to establish. The accused was convicted and he applied for leave to appeal against his conviction, which application was granted.
Held by the Court of Criminal Appeal (Walsh, Murnaghan and Gannon JJ.), in allowing the appeal and directing a retrial, 1, that the making of a prior written statement by a hostile witness, if disputed, should be proved formally by the prosecution before such statement is admitted in evidence at the trial of an accused.
2. That it is essential that a trial judge should explain to the jury that such a written statement is only evidence against the credibility of the witness and that it is not evidence of the truth of the matters contained in it.
Criminal Appeal.
The applicant, Derek Taylor, applied for leave to appeal against his conviction for murder. The Court of Criminal Appeal granted the application and, treating the hearing of the application as the hearing of the appeal, allowed the appeal and directed a retrial.
| Walsh J. :— |
The present application for leave to appeal is one in respect of a conviction for murder recorded against the applicant. He was found guilty of murder at a trial in the Central Criminal Court presided over by Mr. Justice Pringle. At the trial the question of provocation was raised by the defence, and a great deal turned upon whether the death was the result of a carefully premeditated act for which the weapon had been obtained in advance or whether the circumstances leading up to the death were, to a large extent, unforeseen and whether the weapon which was used for killing the deceased was a weapon which was just found to be at hand and used there and then in the heat of the moment in circumstances which the defence contend amounted to provocation.
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Subject Index
.... . . . 212, 231People (AG)v Cummins [1972]IR 312 . . . . . . . 231People (AG)v O’Brien [1965]IR 142 . . . . . 228–229People (AG)v Taylor [1974]IR 97 . . . . . . . . . . . 226People (DPP)v Conroy [1986]IR 460. . . . . . . . . 221People (DPP)v Finnerty [1999]4 IR 364. . . . . . 231People (DP......
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