Ali v The Crown (Rev 1)

Ali v The Crown (Rev 1)

The retraction statements were not credible and were found to be part of a conspiracy to pervert the course of justice. The original evidence at trial was not undermined by the fresh evidence. The conviction was safe and there was no basis to grant leave to appeal.

Parties
Appellant: Amjad Ali; Respondent: The Crown
Jurisdiction
England and Wales
Judgment Date
18 November 2010
Procedural Posture
Criminal Appeal / Application for Leave to Appeal Conviction
Outcome
Application for leave to appeal conviction dismissed
Legal Topics
Attempted Murder, Possession of Firearm With Intent, Fresh Evidence, Witness Credibility, Conspiracy to Pervert the Course of Justice
Criminal Law Attempted Murder Possession of Firearm With Intent Fresh Evidence Witness Credibility Conspiracy to Pervert the Course of Justice

Case Brief

Summary, issues, holding and outcome

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Parties

Amjad Ali

Appellant

The Crown

Respondent

Procedural Posture

Criminal Appeal / Application for Leave to Appeal Conviction

Legal Issues

  1. 1 Whether fresh evidence (retraction statements) rendered the conviction unsafe
  2. 2 Whether the credibility of key prosecution witnesses was undermined
  3. 3 Whether there was a conspiracy to pervert the course of justice

Ratio Decidendi

The retraction statements were not credible and were found to be part of a conspiracy to pervert the course of justice. The original evidence at trial was not undermined by the fresh evidence. The conviction was safe and there was no basis to grant leave to appeal.

Court Disposition

Application for leave to appeal conviction dismissed