Ekaireb, R (On the Application Of) v Criminal Cases Review Commission
The CCRC's refusal to refer the conviction was not irrational; it considered all relevant evidence including new medical reports and was entitled to conclude that the fresh evidence would not have materially affected the jury's assessment or the safety of the conviction.
- Parties
- Claimant: Robert David Ekaireb; Defendant: Criminal Cases Review Commission
- Jurisdiction
- England and Wales
- Judgment Date
- 29 October 2019
- Procedural Posture
- Judicial Review / Renewed Application for Permission
- Outcome
- Application refused
- Legal Topics
- Fresh Evidence, Mental Health, Special Measures, Irrationality, Safety of Conviction
Case Brief
Summary, issues, holding and outcome
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Parties
Robert David Ekaireb
Claimant
Criminal Cases Review Commission
Defendant
Procedural Posture
Judicial Review / Renewed Application for Permission
Legal Issues
- 1 Whether the CCRC's refusal to refer the conviction to the Court of Appeal was irrational
- 2 Whether new medical evidence regarding Asperger's Syndrome would have affected the safety of the conviction
- 3 Whether the absence of special measures at trial rendered the conviction unsafe
Ratio Decidendi
The CCRC's refusal to refer the conviction was not irrational; it considered all relevant evidence including new medical reports and was entitled to conclude that the fresh evidence would not have materially affected the jury's assessment or the safety of the conviction.
Court Disposition
Application refused
Orders
- Permission to proceed with the claim is refused
Full Case Text
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