Park (Deceased) v R.

Park (Deceased) v R.

The cumulative effect of the non-disclosure and fresh evidence did not cause the court to doubt the safety of the conviction. The circumstantial case against the appellant remained very strong, and the non-disclosure and new evidence did not undermine the essential reliability of the prosecution's case. The appeal...

Source-derived case information.

Parties
Appellant: Gordon Park (Deceased); Respondent: Regina
Jurisdiction
England and Wales
Judgment Date
01 May 2020
Procedural Posture
Criminal Appeal / Judgment on Appeal After CCRC Reference
Outcome
Appeal dismissed; conviction upheld
Legal Topics
Murder, Fresh Evidence, Non Disclosure, Circumstantial Evidence, Expert Evidence
Criminal Law Murder Fresh Evidence Non Disclosure Circumstantial Evidence Expert Evidence

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Parties

Gordon Park (Deceased)

Appellant

Regina

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal After CCRC Reference

Legal Issues

  1. 1 Whether non-disclosure of material evidence and/or fresh expert evidence renders the conviction unsafe
  2. 2 Whether the cumulative effect of non-disclosure and new evidence undermines the safety of the conviction

Ratio Decidendi

The cumulative effect of the non-disclosure and fresh evidence did not cause the court to doubt the safety of the conviction. The circumstantial case against the appellant remained very strong, and the non-disclosure and new evidence did not undermine the essential reliability of the prosecution's case. The appeal was therefore dismissed.

Court Disposition

Appeal dismissed; conviction upheld