Evans, R v

Evans, R v

There was no erroneous advice regarding the plea, no credible or reliable fresh evidence of provocation or diminished responsibility, and the conviction is safe; the appellant's attempts to recall or reconstruct events are not genuine or reliable and do not meet the threshold for fresh evidence.

Parties
Respondent: Regina; Appellant: John Derek Evans
Jurisdiction
England and Wales
Judgment Date
04 November 2009
Procedural Posture
Criminal Appeal / Judgment on Reference From Criminal Cases Review Commission
Outcome
appeal dismissed; conviction upheld
Legal Topics
Murder, Provocation, Diminished Responsibility, Fresh Evidence, Guilty Plea, Unsafe Conviction
Criminal Law Murder Provocation Diminished Responsibility Fresh Evidence Guilty Plea Unsafe Conviction

Case Brief

Summary, issues, holding and outcome

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Parties

Regina

Respondent

John Derek Evans

Appellant

Procedural Posture

Criminal Appeal / Judgment on Reference From Criminal Cases Review Commission

Legal Issues

  1. 1 Was the plea entered on erroneous advice and, if so, were the proceedings a nullity or the conviction unsafe?
  2. 2 Is there fresh evidence of provocation?
  3. 3 Is there fresh evidence of diminished responsibility?

Ratio Decidendi

There was no erroneous advice regarding the plea, no credible or reliable fresh evidence of provocation or diminished responsibility, and the conviction is safe; the appellant's attempts to recall or reconstruct events are not genuine or reliable and do not meet the threshold for fresh evidence.

Court Disposition

appeal dismissed; conviction upheld