R v CASSELL & ANOR (2016)

A trial judge’s summing up had contained very serious misdirections involving giving the jury his opinion on the central factual issue in the case in uncompromising terms, rendering the convictions unsafe. It was not clear that any jury acting properly would inevitably have convicted the defendant without the misdirections, so the convictions were not saved by the proviso to that effect in the Montserrat Supreme Court Act s.39.

HELD: Appeal allowed

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