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- Title
"The Prosecution Must Prove its Case". What does that Actually Mean?: R v Khan [2022] EWCA Crim 1010.
- Authors
Kark KC, Tom
- Abstract
"Simpler and safer" as it was put, to leave the case on the prosecution's basis of case, that B wielded the knife encouraged by Khan and if the jury did not so find, then acquittals would follow. Keywords: Prosecution burden; proof of case; summing up alternate verdicts EN Prosecution burden proof of case summing up alternate verdicts 492 495 4 12/06/22 20221201 NES 221201 On 21 July 2022 the Court of Appeal (Crim. (At [88]) In I Coutts i , as in I Khan i , the prosecution had firmly resisted the judge leaving manslaughter on the basis that this would leave the case to the jury on a basis wholly different to that opened and contended for by the prosecution. He argued that the judge was correct and that the case must be left so as to allow the jury to depart the prosecution case but still convict Khan.
- Subjects
PROSECUTION; CRIMINAL procedure; CONFLICT of interests; JUSTICE administration; JURY instructions; LEGAL judgments; PREJUDICES; PUNISHMENT
- Publication
Journal of Criminal Law, 2022, Vol 86, Issue 6, p492
- ISSN
0022-0183
- Publication type
Article
- DOI
10.1177/00220183221136207