Source: All England Reporter
Publisher Citation: [2006] All ER (D) 91 (Feb)
Neutral Citation: [2005] EWCA Crim 3080
Court: Court of Appeal, Criminal Division

Longmore LJ, David Steel J and the Recorder of Winchester

Representation Edward Fitzgerald QC and Paul Taylor (assigned by the Registrar of Criminal Appeals) for the defendant.
  Sir Allan Green QC (instructed by the Crown Prosecution Service) for the Crown.
Judgment Dates: 3 November 2005


Criminal law - Trial - Retrial - Defendant applying for permission to appeal against murder conviction on basis of fresh evidence of diminished responsibility - Whether order for retrial on successful appeal likely - Prosecution contesting application for permission to appeal on basis of contradictory fresh evidence - Whether defendant advised of likelihood of retrial - Defendant abandoning application to appeal against conviction - Whether counsel obliged to advise defendant of possibility of retrial.

The Case

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