A woman had been murdered. Her husband was acquitted, and the present appellant then charged and convicted. His appeal succeeded, and a retrial ordered. He now appealed against his second conviction. The defendant now appealed, saying that there remained a ‘lurking doubt’.
Held: The appeal failed. The verdict of the jury was entirely supported by the evidence. The Court could find no basis for concluding that this conviction should be quashed by the application of the ‘lurking doubt’ concept identified in Cooper.
Judges:
Igor Judge, Baron Judge LCJ, Wilkie, Singh JJ
Citations:
[2012] EWCA Crim 2241, [2013] 1 Cr App R 14
Links:
Jurisdiction:
England and Wales
Citing:
Cited – Regina v Cooper (Sean) CACD 1969
The court considered its power to interfere with a jury’s verdict where a trial had been properly conducted: ‘every issue was before the jury and in which the jury was properly instructed, and, accordingly, a case in which this court will be very . .
Lists of cited by and citing cases may be incomplete.
Crime
Updated: 06 November 2022; Ref: scu.465627