In appropriate cases, a defect in the trial which made that trial unfair, could be remedied on appeal by that court considering all the evidence available to it. It was recognised that this would trespass on the responsibilities of the jury, but if the court considered that, in the light of all the evidence including evidence previously excluded, the verdict was correct, then the court should let the decision stand. The defects in this case were not sufficient to justify the verdict being set aside, and DNA evidence which had been obtained subsequently only confirmed it.
Citations:
Gazette 12-Apr-2001
Statutes:
Criminal Practice, Natural Justice
Updated: 10 April 2022; Ref: scu.88427