Source: All England Reporter
Publisher Citation: [2002] All ER (D) 213 (Oct)
Neutral Citation: [2002] UKPC 53
Court: Privy Council
Judge:

Lord Steyn, Lord Hoffmann, Lord Hutton, Lord Millett and Lord Scott of Foscote

Judgment Dates: 15 October 2002

Catchwords

Commonwealth and dependencies - Jamaica - Criminal evidence and procedure - Evidence - Fresh evidence on appeal - Admissibility of fresh evidence.

The Case

The Court of Appeal of Jamaica had erred in principle in deciding that it could reject fresh evidence of an affidavit after having considered it only in written form. The instant case was one where it was necessary in the interest of justice to hear the witness de bene esse in order to determine whether the evidence was capable of belief.

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