Carter, R. v

Carter, R. v

The fresh medical evidence does not undermine the essential force of the appellant's repeated confessions or the clinical evidence that Nicole would have exhibited acute pain if injured before 6 p.m.; therefore, the conviction is not unsafe and the appeal is dismissed.

Parties
Respondent: Regina; Appellant: Lee Carter
Jurisdiction
England and Wales
Judgment Date
31 July 2009
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Conviction
Outcome
Appeal dismissed
Legal Topics
Murder, Fresh Evidence, Unsafe Conviction, Medical Evidence, Confession
Criminal Law Murder Fresh Evidence Unsafe Conviction Medical Evidence Confession

Case Brief

Summary, issues, holding and outcome

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Parties

Regina

Respondent

Lee Carter

Appellant

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Conviction

Legal Issues

  1. 1 Whether fresh medical evidence renders the conviction for murder unsafe
  2. 2 Whether the timing and nature of fatal injuries could have occurred prior to 6 p.m.
  3. 3 Whether shaking could have caused or contributed to death

Ratio Decidendi

The fresh medical evidence does not undermine the essential force of the appellant's repeated confessions or the clinical evidence that Nicole would have exhibited acute pain if injured before 6 p.m.; therefore, the conviction is not unsafe and the appeal is dismissed.

Court Disposition

Appeal dismissed

Orders

  • Conviction for murder upheld
  • No further orders