In this CCRC Referral the Court was asked to adjudicate on fresh evidence from a psychiatrist altering a previous opinion that the applicant was suffering from a diminishment at the appropriate time…
Tag: fresh evidence
R. v Mohammed (Ahmed)[2021] EWCA Crim 201- CCRC Referral Fresh Evidence DNA Phone
In this CCRC referral fresh evidence was adduced with regard to a mobile phone leading to the conviction being quashed . The applicant had been convicted on the basis of a partially…
R v Williams ( Gary ) [2021] EWCA Crim 226 – CCRC Referral Fresh Evidence
In this interesting case on the posession of firearms the CCRC had referred on the basis that there was fresh evidence that the Applicant had not brought the weapon to the scene…
R. v BTT[2021] EWCA Crim 4 – Criminal Exploitation and inconsistent accounts
This was a leave to appeal case but builds upon the itneresting issues relating to criminal exploitation and the case of DPP v M recently reported in this blog . It was…
R. v Ferris (Chad Alfred)[2020] NICA 60 – Fresh Evidence in Sentence Appeals
This case dealt with the more unusual use of fresh evidence – in an appeal on sentence . In particular an offender sought to rely on the fact that Four years had…
R v Porch [2020 ] EWCA Crim 1633 – Failure to adduce phone evidence renders conviction unsafe – the crown do not need to be at fault
In this interesting case the Court of Appeal allowed an extension of 1164 days to admit fresh evidence regarding phone records which due to various circumstances were not available at the time…
R. v Wangige (Joseph Karumba) [2020] EWCA Crim 1319 – autrefois convict preventing a second conviction on the same facts
This was a sad case involving the death of a victim in a road traffic incident in which the the Crown Prosecution Service having carefully considered the circumstances concluded that none of…
R v Gordon Park [2020] EWCA Crim 589 – weight of circumstantial evidence and the Jury Impact Test
A CCRC Referral failed where the original case shifted by the time of the appeal with a DNA ground abandoned and the Court concluded that the weight of circumstantial evidence was not…
Gogna Affidavit – Fresh Evidence
As a Result of our Paper on Fresh Evidence questions have been asked as to the nature and form af a “gogna” affidavit . The Affidavit or statement is a record of…
Getting Fresh Evidence Into Court of Appeal Cases – The Video
The Video of my address to the INUK Conference is now available on line . This deals with Fresh Evidence , How to get it into the Court of Appeal and the…