Four defendants appealed against convictions for child sex abuse. The convictions had taken place at a time when current guidance to examining physicians did not apply. In each case the defendants consented to new evidence from the prosecution.
Held: According to the circumstances, three appeals were allowed but one was not.
Judges:
Rafferty DBE LJ, Treacy J, Rook QC HHJ
Citations:
[2012] EWCA Crim 1433
Links:
Statutes:
Jurisdiction:
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: . .
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 – Regina v Christou; Regina v Wright CACD 8-Jul-1992
Evidence which had been obtained by a police trick (false shop) was admissible. It’s use was not unfair. Lord Taylor CJ said that the defendants ‘voluntarily applied themselves to the trick’.
When assessing impact the court should assume that . .
Cited – Regina v Rawlings, Regina v Broadbent CACD 19-Oct-1994
Guidance was given on the circumstances for showing video evidence to a jury a second time after they had once retired.
Held: It should be exceptional only, because of the risk of it attracting greater weight than other evidence. It remains a . .
Cited – Regina v Fitzgerald CACD 2006
The admission of evidence on appeal of a previous conviction may amount to a new basis for conviction, i.e. the propensity of the Appellant to commit offences of this type: ‘While this court can receive fresh evidence from the Crown, not only in . .
Cited – T, Regina v CACD 17-Oct-2008
Application for permission to appeal against a conviction on ten counts of rape and six counts of indecent assault against this applicant.
Held: Dismissed. . .
Lists of cited by and citing cases may be incomplete.
Criminal Evidence
Updated: 27 October 2022; Ref: scu.461750