The defendant appealed a conviction for the attempted murder of his wife. It had been said that he had killed her, then set fire to the house. She gave evidence in his defence, but certain parts of her evidence were excluded. She had suffered retrograde amnesia, and had sought counselling help to recover her memory. The defendant said the evidence of her flashbacks should have been admitted, and sought to have further evidence admitted on appeal.
Held: The 1968 Act required new evidence on appeal to establish that evidence could not have been put forward at the trial. Although elements could, the evidence now available was greater in extent than was available at trial. However the further evidence was better explained by her inability to consider the possibility of her husband’s guilt. It was neither necessary nor expedient in the interests of justice to admit the evidence from the victim.
Lord Justice Kay Mr Justice Mackay And The Recorder Of Chester
[2002] EWCA Crim 18
Bailii
Criminal Appeal Act 1968 23
England and Wales
Criminal Evidence
Updated: 23 December 2021; Ref: scu.167987