Murphy, R v [2019] EWCA Crim 1274 (27 June 2019)

Murphy, R v [2019] EWCA Crim 1274 (27 June 2019)

The fresh evidence provided by Anthony Murphy was not capable of belief and did not undermine the safety of the conviction; the sentence imposed was within the appropriate range and not manifestly excessive.

Citation
[2019] EWCA Crim 1274
Parties
Prosecution: Regina; Applicant: Alison Murphy
Jurisdiction
England and Wales
Judgment Date
27 June 2019
Procedural Posture
Criminal Appeal / Renewed Application for Leave to Appeal Against Conviction and Sentence
Outcome
applications refused
Legal Topics
Attempted Murder, Fresh Evidence, Appeal Against Conviction, Appeal Against Sentence
Criminal Law Attempted Murder Fresh Evidence Appeal Against Conviction Appeal Against Sentence

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Parties

Regina

Prosecution

Alison Murphy

Applicant

Procedural Posture

Criminal Appeal / Renewed Application for Leave to Appeal Against Conviction and Sentence

Legal Issues

  1. 1 Whether fresh evidence undermines the safety of the conviction for attempted murder
  2. 2 Whether the sentence of seventeen years' imprisonment was manifestly excessive

Ratio Decidendi

The fresh evidence provided by Anthony Murphy was not capable of belief and did not undermine the safety of the conviction; the sentence imposed was within the appropriate range and not manifestly excessive.

Court Disposition

applications refused

Orders

  • Leave to appeal against conviction refused
  • Extension of time refused