Gilfoyle, R (On the Application Of) v Criminal Cases Review Commission (Rev 1)

Gilfoyle, R (On the Application Of) v Criminal Cases Review Commission (Rev 1)

The Commission's Final Decision not to refer the claimant's conviction to the Court of Appeal was lawful, rational, and not materially affected by any error of fact or law. The Commission properly evaluated all new evidence and applied the correct statutory test. The renewed application for judicial review is dismissed.

Parties
Claimant: Norman Edward Gilfoyle; Defendant: Criminal Cases Review Commission
Jurisdiction
England and Wales
Judgment Date
24 November 2017
Procedural Posture
Judicial Review / Renewed Application for Permission
Outcome
Application dismissed
Legal Topics
Fresh Evidence, Safety of Conviction, Commission's Statutory Test, Expert Evidence, Disclosure, Mental Health and Medication, Procedural Fairness
Criminal Law Judicial Review Fresh Evidence Safety of Conviction Commission's Statutory Test Expert Evidence Disclosure Mental Health and Medication +1 more

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Parties

Norman Edward Gilfoyle

Claimant

Criminal Cases Review Commission

Defendant

Procedural Posture

Judicial Review / Renewed Application for Permission

Legal Issues

  1. 1 Whether the Commission's decision not to refer the conviction to the Court of Appeal was irrational or legally flawed
  2. 2 Whether new evidence (diaries, rope/knot evidence, medication) undermined the safety of the conviction
  3. 3 Whether the Commission made material errors of fact or law in its evaluation of new evidence

Ratio Decidendi

The Commission's Final Decision not to refer the claimant's conviction to the Court of Appeal was lawful, rational, and not materially affected by any error of fact or law. The Commission properly evaluated all new evidence and applied the correct statutory test. The renewed application for judicial review is dismissed.

Court Disposition

Application dismissed

Orders

  • Renewed application for permission to apply for judicial review is refused