Source: All England Reporter
Publisher Citation: [2012] All ER (D) 72 (Nov)
Neutral Citation: [2012] EWCA Crim 2241
Court: Court of Appeal, Criminal Division

Lord Judge CJ, Wilkie and Singh JJ

Representation Mark Evans QC (assigned by the Registrar of Criminal Appeals) for the defendant.
  Ian Murphy QC (instructed by the Crown Prosecution Service) for the Crown.
Judgment Dates: 1 November 2012


Criminal Law - Trial - Murder - Deceased's husband, S, being acquitted of her murder - Defendant being convicted of murder - Appeal against conviction subsequently being allowed on basis of new witness evidence tending to incriminate S and hearsay evidence prejudicial to defendant being erroneously admitted at trial - Defendant being convicted of murder at re-trial - Defendant appealing - Whether court should apply 'lurking doubt' principle - Whether conviction safe.

The Case

Criminal Law Trial. The Court of Appeal, Criminal Division, in dismissing the defendant's appeal against conviction for murder, held that, on the evidence, there was no basis for concluding that the conviction ought to be quashed by the application of the 'lurking doubt' concept.

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