The question for the court in answering whether an appeal an appeal should be available when new evidence had emerged was whether it was reasonably satisfied that, if the additional evidence was before the jury, it would not have convicted.
Citations:
1951 JC 38
Cited by:
Cited – Fraser v Her Majesty’s Advocate SC 25-May-2011
The defendant appealed against his conviction for murder, saying that the prosecution had failed to disclose certain matters.
Held: The appeal succeeded, the conviction was quashed and the case remitted to the Scottish courts to consider . .
Lists of cited by and citing cases may be incomplete.
Scotland, Criminal Practice
Updated: 11 May 2022; Ref: scu.440847