Calvert, R. v [2025] EWCA Crim 345 (26 March 2025)

Calvert, R. v [2025] EWCA Crim 345 (26 March 2025)

The Court found the retraction statement unreliable due to inconsistencies between contemporaneous notes and the signed statement, the circumstances of its procurement, and the lack of credible corroboration. The original conviction was not undermined as the witness's credibility had already been fully tested at trial and on previous appeal. The fresh evidence was not admitted, and the conviction was held to be safe.

Citation
[2025] EWCA Crim 345
Parties
Respondent: Rex; Appellant: Lee Michael Calvert
Jurisdiction
England and Wales
Judgment Date
26 March 2025
Procedural Posture
Criminal Appeal / Appeal Against Conviction on CCRC Reference
Outcome
Appeal dismissed
Legal Topics
Fresh Evidence, Witness Credibility, Cell Confessions, Perjury, Appeal Against Conviction, Criminal Case Review Commission
Criminal Law Fresh Evidence Witness Credibility Cell Confessions Perjury Appeal Against Conviction Criminal Case Review Commission

Case Brief

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Parties

Rex

Respondent

Lee Michael Calvert

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Conviction on CCRC Reference

Legal Issues

  1. 1 Whether fresh evidence (retraction by key prosecution witness) renders the conviction unsafe
  2. 2 Whether the retraction statement is credible and admissible as fresh evidence
  3. 3 Whether the original conviction is undermined by the new evidence

Ratio Decidendi

The Court found the retraction statement unreliable due to inconsistencies between contemporaneous notes and the signed statement, the circumstances of its procurement, and the lack of credible corroboration. The original conviction was not undermined as the witness's credibility had already been fully tested at trial and on previous appeal. The fresh evidence was not admitted, and the conviction was held to be safe.

Court Disposition

Appeal dismissed

Orders

  • Fresh evidence not admitted
  • Conviction upheld