Probyn v R

Probyn v R

Fresh evidence does not undermine the overwhelming circumstantial case against the appellant; assumptions underlying the expert evidence are not sufficiently reliable; conviction remains safe.

Parties
Appellant: Jonathan Probyn; Respondent: The Queen
Jurisdiction
England and Wales
Judgment Date
04 October 2005
Procedural Posture
Criminal Appeal / Appeal Against Conviction Following CCRC Reference
Outcome
appeal dismissed
Legal Topics
Murder, Fresh Evidence, Unsafe Conviction, Circumstantial Evidence, Criminal Appeal Act
Criminal Law Murder Fresh Evidence Unsafe Conviction Circumstantial Evidence Criminal Appeal Act

Case Brief

Summary, issues, holding and outcome

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Parties

Jonathan Probyn

Appellant

The Queen

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Conviction Following CCRC Reference

Legal Issues

  1. 1 Whether fresh expert evidence renders the conviction unsafe
  2. 2 Whether circumstantial evidence is overwhelming against the appellant
  3. 3 Whether the jury would have reached a different conclusion with the new evidence

Ratio Decidendi

Fresh evidence does not undermine the overwhelming circumstantial case against the appellant; assumptions underlying the expert evidence are not sufficiently reliable; conviction remains safe.

Court Disposition

appeal dismissed

Orders

  • fresh evidence not admitted under Section 23 Criminal Appeal Act 1968
  • conviction upheld