The applicant appealed a conviction from 1973 for murder. The essential question was as to whether the court on an appeal was to apply the standards as at the date of the trial, or at the date of the appeal.
Held: Following Pendleton, the sole criterion is what the appeal court felt about the safety of the conviction. If evidence then relied upon might now have been excluded, the test was to ask whether the conviction might have been entered without that evidence. The several grounds of appeal were not substantiated. Though there was some criticism of an expert’s evidence, the appeal was dismissed.
Judges:
Lord Justice Potter, Mr Justice Wright, And, Mr Justice Penry-Davey
Citations:
[2002] EWCA Crim 293
Links:
Statutes:
Criminal Appeal Act 1995 95, Criminal Appeal Act 1968 2(1)
Jurisdiction:
England and Wales
Citing:
Followed – 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: . .
Lists of cited by and citing cases may be incomplete.
Crime
Updated: 20 November 2022; Ref: scu.167638