Regina v Clift; Regina v Harrison: [2012] EWCA Crim 2750; [2012] WLR (D) 387 – WLR Daily

Posted December 21st, 2012 in admissibility, evidence, grievous bodily harm, law reports, murder by tracey

Regina v Clift; Regina v Harrison: [2012] EWCA Crim 2750;   [2012] WLR (D)  387

“Where a defendant had been convicted of causing grievous bodily harm with intent and the victim subsequently died as a result of that harm, the defendant could not automatically be convicted of the victim’s murder. However, pursuant to section 74(3) of the Police and Criminal Evidence Act 1984, the earlier conviction would be admissible of the fact that the defendant had committed the offence, and if the conviction was proved the burden would then shift to the defendant to prove on the balance of probabilities that he was not guilty of murder.”

WLR Daily, 18th December 2012