Kevin Wishart v R

Kevin Wishart v R

The proposed fresh evidence from Mr Williams was largely inadmissible, based on hearsay, speculation, and opinion, and was contradicted by other officers. Even if believed, it would not have affected the outcome of the trial or provided a basis for allowing the appeal on either ground. There was no arguable ground...

Source-derived case information.

Parties
Applicant: Kevin Wishart; Respondent: The King
Jurisdiction
England and Wales
Judgment Date
06 June 2025
Procedural Posture
Criminal Appeal / Application for Extension of Time and Leave to Appeal Against Conviction
Outcome
Applications refused
Legal Topics
Abuse of Process, Disclosure Obligations, Entrapment, Duress, Fresh Evidence, Extension of Time, Guilty Plea Appeals
Criminal Law Criminal Procedure Abuse of Process Disclosure Obligations Entrapment Duress Fresh Evidence Extension of Time +1 more

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Summary, issues, holding and outcome

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Parties

Kevin Wishart

Applicant

The King

Respondent

Procedural Posture

Criminal Appeal / Application for Extension of Time and Leave to Appeal Against Conviction

Legal Issues

  1. 1 Whether fresh evidence demonstrates that evidence of entrapment was withheld from the court by the Crown, rendering the conviction unsafe
  2. 2 Whether fresh evidence demonstrates that the judge erred in removing the applicant’s defence of duress

Ratio Decidendi

The proposed fresh evidence from Mr Williams was largely inadmissible, based on hearsay, speculation, and opinion, and was contradicted by other officers. Even if believed, it would not have affected the outcome of the trial or provided a basis for allowing the appeal on either ground. There was no arguable ground of appeal, and the applications for extension of time and leave to appeal were refused.

Court Disposition

Applications refused

Orders

  • Application for extension of time refused
  • Application for leave to appeal against conviction refused