Law: Criminal Procedure Code (V of 1898)

Section: 293,539(B)

(a) View by Judge and jury of locality of crime---Presence of witnesses who have already given evidence, to indicate their positions, etc., at material times, unobjectionable-(British Guiana case)-Criminal Procedure Code (Y of 1898), Ss. 293 and 539-B-View part of evidence Procedure at view-Absence of accused-Not material.   Held, that it was unobjectionable, that witnesses, who had already given evidence in a criminal case, should take part in the view, by Judge and jury of the locality of crime, in the sense of placing themselves in the positions in which they said they had been at the material times or indicating the positions of others.   R. v. Martin & Webb L R I C C R 378 ref.   A view is part of the evidence. There can be no object ion to the Judge asking a witness to place himself at a particular spot which he has mentioned in his evidence or to show to the jury the place where someone else stood or the direction from which someone came. So long as the witnesses taking part are re-called to be cross-examined if desired, the accused person is in no way prejudiced but it is essential that every effort should be made to see that the witnesses make no communication to the jury except to give a demons tration.   Absence of the accused is not a fatal objection, for under the Criminal Procedure it is competent for the Court to allow the accused to be absent during a part of the trial.   R.V Martin & Webb LR 1CCR 378 distinguished.   Solicitors : S. L. Polak & Co.   Solicitors : Chas Russell & Co.   Date of hearing : 13th December 1955.   JUDGMENT   LORD GODDARD:------This was an appeal by special leave from a judgment of the Court of Criminal Appeal in British Guiana dismissing the appellant's appeal against a conviction for murder after a trial before Hughes, J. and a jury which their Lordships were told had lasted some 14 days. At the close of the argument their Lordships announced that they would humbly advise Her Majesty to dismiss the appeal and now give their reasons for the advice which they tendered.   The appellant was indicted with five other persons, all of whom were…