Noye, R. v

Noye, R. v

The conviction is safe because the appellant admitted to deliberately stabbing the deceased, and the discrediting of Dr Heath's expert evidence does not affect the central issue of self-defence, which was properly left to and rejected by the jury. The fresh evidence does not undermine the safety of the conviction.

Parties
Appellant: Kenneth Noye; Respondent: R
Jurisdiction
England and Wales
Judgment Date
22 March 2011
Procedural Posture
Criminal Appeal / Appeal From Conviction After Reference by Criminal Cases Review Commission
Outcome
appeal dismissed
Legal Topics
Murder, Self Defence, Fresh Evidence, Expert Evidence, Admissibility of Expert Testimony, Safety of Conviction
Criminal Law Murder Self Defence Fresh Evidence Expert Evidence Admissibility of Expert Testimony Safety of Conviction

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 18 Party arguments 2
Sign in to unlock

Parties

Kenneth Noye

Appellant

R

Respondent

Procedural Posture

Criminal Appeal / Appeal From Conviction After Reference by Criminal Cases Review Commission

Legal Issues

  1. 1 Whether the conviction for murder is unsafe in light of fresh evidence undermining the credibility of prosecution expert Dr Heath and new evidence regarding bruising to the deceased's knuckles.

Ratio Decidendi

The conviction is safe because the appellant admitted to deliberately stabbing the deceased, and the discrediting of Dr Heath's expert evidence does not affect the central issue of self-defence, which was properly left to and rejected by the jury. The fresh evidence does not undermine the safety of the conviction.

Court Disposition

appeal dismissed