R v Evaldas Smilginis

R v Evaldas Smilginis

The trial judge was correct to refuse the adjournment as the expert evidence on autism was at best marginally relevant to the real issues in the case, and its exclusion did not render the convictions unsafe given the strength of the prosecution evidence.

Parties
Prosecution: Rex; Appellant: Evaldas Smilginis
Jurisdiction
England and Wales
Judgment Date
10 June 2025
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Conviction
Outcome
appeal dismissed
Legal Topics
Adjournment, Admissibility of Expert Evidence, Autism Diagnosis, Unsafe Conviction, Fresh Evidence Application
Criminal Law Adjournment Admissibility of Expert Evidence Autism Diagnosis Unsafe Conviction Fresh Evidence Application

Case Brief

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Parties

Rex

Prosecution

Evaldas Smilginis

Appellant

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Conviction

Legal Issues

  1. 1 Whether the trial judge erred in refusing an adjournment to allow expert evidence on autism
  2. 2 Whether the exclusion of expert evidence rendered the conviction unsafe

Ratio Decidendi

The trial judge was correct to refuse the adjournment as the expert evidence on autism was at best marginally relevant to the real issues in the case, and its exclusion did not render the convictions unsafe given the strength of the prosecution evidence.

Court Disposition

appeal dismissed

Orders

  • convictions upheld
  • no retrial ordered