Walker, R. v [2021] EWCA Crim 3 (08 January 2021)

Walker, R. v [2021] EWCA Crim 3 (08 January 2021)

The conviction is unsafe because the fresh medical evidence, now admitted, raises alternative possibilities of causation not adequately addressed at trial. The trial judge's directions on causation were insufficient in light of the new evidence, and the summing up was flawed. The new evidence undermines the basis of the previous Court of Appeal decision and the safety of the conviction.

Citation
[2021] EWCA Crim 3
Parties
Appellant: Gary Walker; Respondent: Crown
Jurisdiction
England and Wales
Judgment Date
08 January 2021
Procedural Posture
Criminal Appeal (murder) / Appeal Against Conviction Upon CCRC Reference
Outcome
Appeal allowed; conviction quashed; retrial ordered
Legal Topics
Murder, Causation, Fresh Evidence, Unsafe Conviction, Retrial
Criminal Law Murder Causation Fresh Evidence Unsafe Conviction Retrial

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Parties

Gary Walker

Appellant

Crown

Respondent

Procedural Posture

Criminal Appeal (murder) / Appeal Against Conviction Upon CCRC Reference

Legal Issues

  1. 1 Whether fresh medical evidence undermines the safety of the conviction for murder
  2. 2 Whether the trial judge's directions on causation were adequate in light of new expert evidence
  3. 3 Whether the conviction is unsafe given the new perspective on medical causation

Ratio Decidendi

The conviction is unsafe because the fresh medical evidence, now admitted, raises alternative possibilities of causation not adequately addressed at trial. The trial judge's directions on causation were insufficient in light of the new evidence, and the summing up was flawed. The new evidence undermines the basis of the previous Court of Appeal decision and the safety of the conviction.

Court Disposition

Appeal allowed; conviction quashed; retrial ordered

Orders

  • Conviction quashed
  • Appellant to be retried for murder