Workman v R. [2014] EWCA Crim 575 (28 March 2014)

Workman v R. [2014] EWCA Crim 575 (28 March 2014)

The proposed fresh evidence (computer, medical, biomechanics) does not render the conviction unsafe; the defence team made a reasonable tactical decision not to adduce biomechanical evidence at trial; the trial judge was correct not to leave loss of control to the jury; the conviction is safe.

Source-derived case information.

Citation
[2014] EWCA Crim 575
Parties
Appellant: Ian Garth Workman; Respondent: The Crown
Jurisdiction
England and Wales
Judgment Date
28 March 2014
Procedural Posture
Criminal Appeal / Appeal Against Conviction and Sentence
Outcome
appeal dismissed
Legal Topics
Fresh Evidence, Expert Evidence, Murder, Loss of Control Defence, Unsafe Conviction, Appeal Procedure
Criminal Law Fresh Evidence Expert Evidence Murder Loss of Control Defence Unsafe Conviction Appeal Procedure

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Summary, issues, holding and outcome

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Parties

Ian Garth Workman

Appellant

The Crown

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Conviction and Sentence

Legal Issues

  1. 1 Whether the conviction for murder is unsafe in light of fresh expert evidence
  2. 2 Whether the trial judge erred in not leaving the defence of loss of control to the jury
  3. 3 Whether leave should be granted to adduce new expert evidence on appeal

Ratio Decidendi

The proposed fresh evidence (computer, medical, biomechanics) does not render the conviction unsafe; the defence team made a reasonable tactical decision not to adduce biomechanical evidence at trial; the trial judge was correct not to leave loss of control to the jury; the conviction is safe.

Court Disposition

appeal dismissed

Orders

  • Leave to adduce fresh biomechanical evidence refused
  • Conviction for murder upheld