| Source: | All England Reporter |
| Publisher Citation: | [2012] All ER (D) 122 (May) |
| Neutral Citation: | [2012] EWCA Crim 994 |
| Court: | Court of Appeal, Criminal Division |
| Judge: | Pitchford LJ, Wyn Williams and Supperstone JJ |
| Representation | Michael Turner QC and Gareth Underhill (instructed by Avantis Legal Limited) for the defendant. |
| Aftab Jafferjee QC and Lisa Wilding (instructed by Crown Prosecution Service) for the Crown. | |
| Judgment Dates: | 15 May 2012 |
Catchwords
Criminal law - Appeal - Fresh evidence - Murder - Defendant being convicted of murder - Defendant appealing conviction on basis of fresh evidence of witnesses to incident (evidence) - Defendant submitting evidence relevant to two crucial issues - Defendant further submitting judge misdirecting jury during summing up as to impact of cell site evidence upon defendant's defence (misdirection) - Whether evidence capable of belief - Whether misdirection impacting on safety of verdict - Whether conviction unsafe.
The Case
Criminal law Appeal. The Court of Appeal, Criminal Division, in dismissing the defendant's appeal against conviction for murder, held, inter alia, that new evidence sought to be adduced by the defendant was not capable of belief and accordingly would not be admitted pursuant to s23 of the .
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