The appellant challenged his conviction for sexual assault, saying that the court had not made sufficient allowance for his autism, and in particular that his confession was actually evidence of echolalia, the repetition of what had been said to him.
Held: The Appeal division had applied the correct test in law, and had heard the new evidence: ‘it applied itself to the critical question whether that evidence caused the court to entertain any doubt about the safety of the conviction.’ and the result was fully open to it on the evidence. The appeal failed.
Lord Neuberger, Lord Clarke, Lord Wilson, Lord Hughes, Sir Patrick Coghlin
[2013] UKPC 26
Bailii
England and Wales
Citing:
Cited – Kelvin Dial (otherwise called Peter), Andrew Dottin (otherwise called Maxwell) v The State PC 14-Feb-2005
(Trinidad and Tobago) Two defendants appealed against their convictions for murder. The principal witness who had identified them, had retracted his evidence, but the retraction had not been believed. He was then shown to have lied.
Held: The . .
Cited – Smith v The Queen (Jamaica) PC 23-Jun-2008
The defendant appealed his conviction for murder, making new submissions as to identification.
Held: Lord Carswell, giving the judgment of the Board, declined to deal in detail with both submissions upon suggested flaws in the summing up and . .
Lists of cited by and citing cases may be incomplete.
Commonwealth, Criminal Practice
Updated: 11 November 2021; Ref: scu.514357