| Source: | All England Reporter |
| Publisher Citation: | [2005] All ER (D) 381 (Feb) |
| Court: | Court of Appeal, Criminal Division |
| Judge: | Latham LJ, Gloster J and Judge Tilling |
| Representation | Christopher Blaxland QC (assigned by the Registrar for Criminal Appeals) for the defendant. |
| Mark Dennis (instructed by the Crown Prosecution Service) for the Crown. | |
| Judgment Dates: | 24 February 2005 |
Catchwords
Criminal evidence and procedure - Evidence - Fresh evidence on appeal - Expert evidence suggesting defendant's confession unreliable - Effect on safety of conviction - Conviction unsafe.
The Case
Where a defendant had confessed in interview to a murder that had occurred some years beforehand, fresh expert evidence suggesting that he had been suffering from a drug-induced psychosis at the time of the confession might, in the circumstances of the instant case, have affected the jury's verdict. In all the circumstances, the conviction for murder would be quashed as unsafe, and a re-trial ordered.
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