The court gave guidance on the proper approach of an appellate court to an application to adduce fresh evidence is contained in the judgment of the English Court of Appeal: ‘Proffered fresh evidence in written form is likely to be in one of three categories: plainly capable of belief; plainly incapable of belief, and possibly capable of belief. Without hearing the witness, evidence in the first category will usually be received and evidence in the second category will usually not be received. In relation to evidence in the third category, it may be necessary for this Court to hear the witness de bene esse in order to determine whether the evidence is capable of belief. That course is frequently followed in this Court.’
Judges:
Rose LJ
Citations:
[2000] 2 Cr App R 431
Jurisdiction:
England and Wales
Cited by:
Cited – Shaw, Henry, Boreland, Mullings and Wright v The Queen PC 15-Oct-2002
PC (Jamaica) The defendants appealed convictions for three capital murders, saying that an eye witness’ statement had not been disclosed at trial or admitted on appeal. This evidence descrinbed the assailants as . .
Lists of cited by and citing cases may be incomplete.
Criminal Practice
Updated: 12 May 2022; Ref: scu.190039