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Home > Law > Law glossary > Law glossary
R v O'Shea (1993)
Last modified: Thu Feb 23 16:37:37 2006
[1993] Crim LR 951 CA. The defendant appealled against his conviction for
possession of drugs with intent to supply, on the basis that the judge
did not adequately direct the jury as to his previous good character.
Despite vigorous objections from the defedant's counsel, the judge
had stubbornly refused to direct the jury that the defendant's good character
should be taken into account when assessing his credibility and disposition
towards committing the offence. The defendant had convictions for minor offences,
the most recent of which was twenty years past. However, the judge did
state that in his summing up that he was sure the jury would not
hold these offences against the defendant.
The defendant's conviction was upheld by the CourtOfAppeal. In general, it seems,
that if a person is entitled to a VyeDirection then it must be given; but the Court
of Appeal is reluctant to disturb a judges discretion as to whom is so entitled.
For a contrary decision, see RvTimsonAndHales1993.
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