R v Khayam Khurshid

R v Khayam Khurshid

The application for permission to appeal is refused because the identification evidence, though not the strongest, was supported by other compelling circumstantial evidence. The fresh evidence is incapable of belief, lacks reasonable explanation for not being adduced at trial, adds nothing significant to the issues already considered by the jury, and its admission is not required in the interests of justice.

Parties
Prosecutor: Rex; Applicant: Khayam Khurshid
Jurisdiction
England and Wales
Judgment Date
11 October 2024
Procedural Posture
Criminal Appeal / Judgment on Renewed Application for Permission to Appeal Against Conviction and Application to Amend Grounds of Appeal
Outcome
renewed application for permission to appeal against conviction and application to amend grounds of appeal refused
Legal Topics
Murder, Firearms Offences, Identification Evidence, Joint Enterprise, Fresh Evidence, Alibi, No Case to Answer, Appeal Procedure
Criminal Law Murder Firearms Offences Identification Evidence Joint Enterprise Fresh Evidence Alibi No Case to Answer +1 more

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Parties

Rex

Prosecutor

Khayam Khurshid

Applicant

Procedural Posture

Criminal Appeal / Judgment on Renewed Application for Permission to Appeal Against Conviction and Application to Amend Grounds of Appeal

Legal Issues

  1. 1 Whether the trial judge erred in refusing the application of no case to answer based on weak identification evidence
  2. 2 Whether fresh evidence should be admitted on appeal to support the applicant's alibi
  3. 3 Whether the interests of justice require the admission of new evidence

Ratio Decidendi

The application for permission to appeal is refused because the identification evidence, though not the strongest, was supported by other compelling circumstantial evidence. The fresh evidence is incapable of belief, lacks reasonable explanation for not being adduced at trial, adds nothing significant to the issues already considered by the jury, and its admission is not required in the interests of justice.

Court Disposition

renewed application for permission to appeal against conviction and application to amend grounds of appeal refused