Posthumous Appeal – Clear Purpose and Care Needed
An appeal was presented against the conviction for a murder many years earlier. The prosecution sought to introduce DNA evidence to support its case. The appellant party objected.
Held: The purpose of the appeal was to achieve justice, and fresh evidence could be presented by the prosecution, and admitted by the court to achieve that purpose. Though the trial could certainly be criticised by current standards, it had not been at such a level as to make it fundamentally unfair. The court should be careful in expending so much time and money on very old cases.
Mr Justice Leveson
Times 16-May-2002, Gazette 13-Jun-2002, [2002] EWCA Crim 1141, [2002] 2 Cr App R 30, [2002] 3 All ER 534
Bailii
England and Wales
Citing:
Cited – Regina v Pendleton HL 13-Dec-2001
The defendant had appealed his conviction for murder to the Court of Appeal. The 1968 Act required the court to consider whether the conviction was unsafe. New evidence was before the Court of Appeal, but they had rejected the appeal.
Held: . .
See Also – Regina v Hanratty CACD 26-Oct-2000
Persuasive but not conclusive evidence of the deceased’s involvement in a notorious murder for which he had hanged had been found by subsequent DNA analysis. That analysis could only be improved by direct DNA analysis to be obtained by exhuming his . .
Cited by:
Cited – Beckles, Regina v CACD 12-Nov-2004
The appellant had been convicted in 1997 of robbery and false imprisonment. His case was now refererred by the Criminal Cases Review Commission. The defendant had, on advice from his solicitor refused to answer questions at the police station. The . .
See Also – Regina v Hanratty CACD 26-Oct-2000
Persuasive but not conclusive evidence of the deceased’s involvement in a notorious murder for which he had hanged had been found by subsequent DNA analysis. That analysis could only be improved by direct DNA analysis to be obtained by exhuming his . .
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 – Noye, Kenneth, Regina v CACD 22-Mar-2011
The prisoner appealed against his conviction for murder on reference from the CCRC. There were new doubts about the reliabiity of the expert forensic expert.
Held: The appeal was dismissed. Dr H’s evidence did not impinge on the essential . .
Cited – Adams, Regina (on The Application of) v Secretary of State for Justice SC 11-May-2011
The three claimants had each been convicted of murders and served time. Their convictions had been reversed eventually, and they now appealed against the refusal of compensation for imprisonment, saying that there had been a miscarriage of justice. . .
Lists of cited by and citing cases may be incomplete.
Criminal Practice, Evidence
Leading Case
Updated: 01 November 2021; Ref: scu.170300
