Tully, R v [2002] EWCA Crim 18 (25th January, 2002)

Tully, R v [2002] EWCA Crim 18 (25th January, 2002)

The Court held that Mrs Tully's post-trial statements did not constitute credible or reliable fresh evidence. Her new recollections were inconsistent with her sworn evidence at trial, contradicted formal admissions made by the defence, and were unsupported by contemporaneous documentation. The Court found no satisfactory explanation for the change in her account and concluded that the conviction was safe. The appeal was dismissed.

Citation
[2002] EWCA Crim 18
Parties
Respondent: R; Appellant: Derek Jack Tully
Jurisdiction
England and Wales
Procedural Posture
Criminal Appeal / Appeal Against Conviction
Outcome
Appeal dismissed
Legal Topics
Attempted Murder, Fresh Evidence on Appeal, Admissibility of Post Trial Witness Statements, Safety of Conviction
Criminal Law Attempted Murder Fresh Evidence on Appeal Admissibility of Post Trial Witness Statements Safety of Conviction

Case Brief

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Parties

R

Respondent

Derek Jack Tully

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Conviction

Legal Issues

  1. 1 Whether fresh evidence from the victim (Mrs Tully) should be admitted on appeal
  2. 2 Whether the conviction is unsafe in light of new statements by Mrs Tully
  3. 3 Whether the original trial was fair given the evidence available at the time

Ratio Decidendi

The Court held that Mrs Tully's post-trial statements did not constitute credible or reliable fresh evidence. Her new recollections were inconsistent with her sworn evidence at trial, contradicted formal admissions made by the defence, and were unsupported by contemporaneous documentation. The Court found no satisfactory explanation for the change in her account and concluded that the conviction was safe. The appeal was dismissed.

Court Disposition

Appeal dismissed

Orders

  • Conviction upheld
  • No order as to costs