| 单词 | Direction to jury |
| 释义 | 給予陪審團的指示 Directions given to the jury by the trial judge in the summing up as to the law to be applied by the jury in respect of the facts as found by it. The summing up should include a succinct but accurate summary of the issues of fact as to which a decision is required, a correct but concise summary of the evidence and arguments on both sides, and a correct statement of the inferences which the jury are entitled to draw from their particular conclusions about the primary facts: R v Lawrence [1981] 1 All ER 974, [1982] AC 510 (HL). Where a count to be left to the jury contains particulars set out in such a manner that one such particular would be sufficient to convict and there is a risk that some of the jury might found a conviction on one particular and some upon another, a direction may be necessary that the jury must agree by at least an acceptable majority on at least one of those particulars: Halsbury’s Laws of Hong Kong, Vol 9, Criminal Law and Procedure [130.781]. See also Absence of complaint; Accomplice warning; Corroboration warning; Directed verdict; Warning. 指在總結詞中主審法官給予陪審團有關該陪審團在裁斷有關事實時所須引用的法例的指示。總結詞應包括簡潔但準確的事實爭論點摘要，正確但扼要的證據及雙方爭論點的摘要，以及陪審團有權從有關主要事實的特定結論而作出的推論的正確陳述：R v Lawrence [1981] 1 All ER 974, [1982] AC 510 （上議院）。凡交由陪審團裁決的罪名包含足以將某人定罪的詳情，此外如某些陪審團成員可能會根據某項詳情定罪而其他成員則根據其他詳情定罪，則有關法官可給予指示，即有關陪審團須至少同意其中一項詳情，以達至可接受的大多數裁決：Halsbury’s Laws of Hong Kong, 第 9冊，刑法與刑事訴訟程序，第[130.781]段。另見 Absence of complaint; Accomplice warning; Corroboration warning; Directed verdict; Warning。 |
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