The court discussed the correct approach of the Court of Appeal to new evidence on appeal: ‘However the safety of the appellant’s conviction is examined, the essential question, and ultimately the only question for this Court, is whether, in the light of the fresh evidence, the convictions are unsafe.’ and ‘It is integral to the process that if fresh evidence is disputed, this Court must decide whether and to what extent it should be accepted or rejected, and if it is to be accepted, to evaluate its importance, or otherwise, relative to the remaining material which is before the trial jury: hence the jury impact test . .’
Judges:
Judge, Holman, LJJ, MacKay J
Citations:
[2002] EWCA Crim 730, [2002] Crim LR 578
Links:
Jurisdiction:
England and Wales
Cited by:
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 – Regina v Sally Clark CACD 11-Apr-2003
The defendant appealed against her conviction for the murder of her two infant children by, in the one case, smothering and, in the other, suffocation. Amongst the experts called at her trial by the Crown was Professor Sir Roy Meadow. The . .
Cited – Hendy, Regina v CACD 12-Apr-2006
The applicant was sentenced to life imprisonment in 1992 for a brutal murder. He had pleaded diminished responsibility. There were now no papers from the trial. Medical evidence now suggested that at the time of the trial he would have suffered a . .
Lists of cited by and citing cases may be incomplete.
Criminal Practice
Updated: 29 June 2022; Ref: scu.223108