Cleobury, R. v
The court refused the renewed application for leave to appeal because the conviction was safe based on strong identification evidence and the DNA evidence was properly presented and explained at trial. No new scientific evidence or grounds were advanced to justify admitting fresh expert evidence on appeal.
- 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, Appeals
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 Whether fresh expert evidence on DNA should be admitted on appeal
- 2 Whether the conviction was safe given the DNA evidence and identification evidence
Ratio Decidendi
The court refused the renewed application for leave to appeal because the conviction was safe based on strong identification evidence and the DNA evidence was properly presented and explained at trial. No new scientific evidence or grounds were advanced to justify admitting fresh expert evidence on appeal.
Court Disposition
Renewed application for leave to appeal refused
Full Case Text
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