The appellant appealed his conviction for murder. The prosecution case had been that the victim died before a certain time. Witness had come to light after the first trial who knew her, and claimed to have seen her after the time of death according to the prosecution. He had been convicted at a second trial, but a child witness had not been allowed to refresh her memory from interview notes.
Held: The Appeal court was not bound by a previous ruling it had made in the same case on a reference by the Criminal Cases Review Commission. However related evidence had been twice rejected by a jury. New evidence appeared uncertain and unreliable. Appeal dismissed.
Judges:
Lord Justice Auld
Citations:
[2002] EWCA Crim 941
Statutes:
Criminal Appeal Act 1995 14(5)
Jurisdiction:
England and Wales
Citing:
Cited – Regina v Pinfold CACD 1988
Once a person convicted of an offence on indictment appeals against that conviction and that appeal has been determined on its merits, the court has no jurisdiction to re-open it on fresh evidence coming to light.
Lord Lane CJ considered the . .
Cited by:
Cited – Poole and Mills v Regina CACD 17-Jun-2003
The case was a reference from the Criminal Cases Review Commission. The defendants had been convicted in 1990 of murder. The House of Lords had dismissed an earlier appeal. Police officers had allowed statements to be put forward which were false in . .
Lists of cited by and citing cases may be incomplete.
Crime
Updated: 16 September 2022; Ref: scu.170124