Cleobury, R. v [2012] EWCA Crim 17 (24 January 2012)

Cleobury, R. v [2012] EWCA Crim 17 (24 January 2012)

There was strong identification evidence independent of DNA evidence, and both prosecution and defence experts properly addressed DNA issues at trial. No new scientific discovery or material error justified admission of fresh evidence. The conviction is safe and the grounds for appeal are unarguable.

Citation
[2012] EWCA Crim 17
Parties
Respondent: Regina; Applicant: Dean Charles Cleobury
Jurisdiction
England and Wales
Judgment Date
24 January 2012
Procedural Posture
Criminal Appeal / Renewed Application for Leave to Appeal Conviction
Outcome
Renewed application for leave to appeal refused
Legal Topics
Rape, DNA Evidence, Expert Evidence, Appeal Procedure
Criminal Law Rape DNA Evidence Expert Evidence Appeal Procedure

Case Brief

Summary, issues, holding and outcome

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Parties

Regina

Respondent

Dean Charles Cleobury

Applicant

Procedural Posture

Criminal Appeal / Renewed Application for Leave to Appeal Conviction

Legal Issues

  1. 1 Whether fresh expert evidence on DNA should be admitted on appeal
  2. 2 Whether conviction is safe given DNA evidence and identification evidence

Ratio Decidendi

There was strong identification evidence independent of DNA evidence, and both prosecution and defence experts properly addressed DNA issues at trial. No new scientific discovery or material error justified admission of fresh evidence. The conviction is safe and the grounds for appeal are unarguable.

Court Disposition

Renewed application for leave to appeal refused

Orders

  • Application for leave to appeal conviction refused