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Confirmation, page-8

  1. 2,754 Posts.
    I don't believe so, below is the only information i could find on that -

    When making a 'Final Address' it is expected that a prosecutor will:
    remind the Court that the onus is on the prosecution to prove each and every element of the charge/s 'beyond reasonable doubt'. The law relating to 'Proof Of Issues' is examined commencing on page 68;
    [ii] remind the Court the law relating to the onus on the defence in respect of any defence raised;
    [iii] remind the Court that the onus is on the prosecution to negative any defence raised 'beyond reasonable doubt';
    [iv] systematically and thoroughly outline the evidence which addresses each and every element of the charge/s. The procedure relating to 'Elementising Charges' is examined on page 73.
    Whilst a prosecutor may comment on the evidence of a defendant, if he/she has given evidence, see R v Gardner [1899] 1 QB 150, a prosecutor may not comment on the fact that a defendant did not give evidence, including providing an 'unsworn statement'.


    [13.6.3] Defence

    The 'final address' by the defence may include remarks as to the evidence and any other issue considered relevant, see R v Wainwright (1895) 13 CoxCC 171.

    http://www3.paclii.org/sb/criminal-law/ch13-introduction-to-court-procedure.htm


    [13.7.3] Judgments

    Section 150 of the Criminal Procedure Code (Ch. 7) states (in part):

    '(1) The judgment in every trial in any criminal court in the exercise of its original jurisdiction shall be pronounced, or the substance of such judgment shall be explained, in open court either immediately after the termination of the trial or at some subsequent time of which notice shall be given to the parties and their advocates, if any:

    Provided that the whole judgment shall be read out by the presiding Judge or Magistrate if he is requested so to do either by the prosecution or the defence.

    (2) [This subsection deals with the appearance of the defendant];

    (3) [This subsection provides that be deemed invalid by reason only of the absence of any party on the day that the 'judgment' was delivered.]' (emphasis added) [words in brackets added]

    In Sau v R [1982] SILR 65 Daly CJ held at page 67:

    'This subsection [, referring to section 150(1) of the Criminal Procedure Code (Ch. 7),] clearly contemplates that a short form of decision may be given followed by a full judgment given even subsequent to the termination of the trial.' [words in brackets added]

    In respect of trials, the 'judgments' of such courts 'shall contain the point or points for determination, the decision thereon and the reasons for the decision', see section 151 of the Criminal Procedure Code (Ch. 7). (emphasis added)

    Such 'judgments' should make clear exactly the charge the Court found proved, see R v Stanley Bade [1988 – 89] SILR 121 at page 124.

    See also: Kenneth Charles Ferris v R [1988 – 89] SILR 128 at page 130; Dickson Kwaifanabo & Sale Kwatebeo v Director of Public Prosecutions (Unrep. Criminal Appeal Case No. 16 of 1984; Ward CJ) & David Kio v R (Unrep. Criminal Appeal Case No. 20 of 1977).
 
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