The applicant had given no evidence at trial and agreed that witnesses who might have assisted him should not be called. He had not been honest with his legal representatives at trial.
Held: McCowan LJ said: ‘On the one hand, this is a case of a man who has advanced an admittedly lying defence and it having failed now wants to try another one. The court is extremely reluctant to lend any assistance to that sort of purpose. Indeed it could only be in an exceptional case that it would do so. On the other hand, we have to consider whether there is a risk that by reason of his own stupid lies a miscarriage of justice may have occurred . .’ The court decided to receive the fresh evidence and thus allow the application. In the event a retrial was ordered.
Judges:
McCowan LJ
Citations:
Unreported, 09 May 1991
Jurisdiction:
England and Wales
Cited by:
Cited – Gibson, Regina v CACD 11-Jan-2006
The defendant renewed has application for leave to appeal against his conviction for the murder of his daughter-in-law. The principle evidence against him was that of an accomplice. She had received letters to say that no further action would be . .
Lists of cited by and citing cases may be incomplete.
Criminal Evidence
Updated: 25 October 2022; Ref: scu.237577