Hai, R. v
The new evidence from Kibria and his relatives is not credible, does not afford any ground for allowing the appeal, and does not render the conviction unsafe. The trial evidence was strong and the jury was properly directed. Applications for leave to appeal and extension of time are refused.
- Parties
- Respondent: Regina; Appellant: Hai
- Jurisdiction
- England and Wales
- Judgment Date
- 21 September 2010
- Procedural Posture
- Criminal Appeal / Application for Leave to Appeal and Extension of Time
- Outcome
- Application for leave to appeal and extension of time refused
- Legal Topics
- Appeals, Fresh Evidence, Witness Credibility, Murder
Case Brief
Summary, issues, holding and outcome
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Parties
Regina
Respondent
Hai
Appellant
Procedural Posture
Criminal Appeal / Application for Leave to Appeal and Extension of Time
Legal Issues
- 1 Whether new evidence from a key witness renders the conviction unsafe
- 2 Whether the new evidence should be admitted under section 23 of the Criminal Appeal Act 1968
Ratio Decidendi
The new evidence from Kibria and his relatives is not credible, does not afford any ground for allowing the appeal, and does not render the conviction unsafe. The trial evidence was strong and the jury was properly directed. Applications for leave to appeal and extension of time are refused.
Court Disposition
Application for leave to appeal and extension of time refused
Orders
- Leave to appeal refused
- Extension of time refused
Full Case Text
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