Barker, R. v [2021] EWCA Crim 603 (27 April 2021)

Barker, R. v [2021] EWCA Crim 603 (27 April 2021)

The fresh evidence (video clip) is not capable of belief due to the applicant's and witness's dishonesty regarding their alibi, and there is no reasonable explanation for its late production; therefore, the evidence is not admitted and the conviction is not unsafe.

Citation
[2021] EWCA Crim 603
Parties
Respondent: The Queen; Appellant: Marcus Barker
Jurisdiction
England and Wales
Judgment Date
27 April 2021
Procedural Posture
Criminal Appeal / Application for Leave to Appeal Against Conviction Based on Fresh Evidence
Outcome
leave to appeal refused
Legal Topics
Robbery, Fresh Evidence, Alibi, Appeals, Identification Evidence
Criminal Law Robbery Fresh Evidence Alibi Appeals Identification Evidence

Case Brief

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Parties

The Queen

Respondent

Marcus Barker

Appellant

Procedural Posture

Criminal Appeal / Application for Leave to Appeal Against Conviction Based on Fresh Evidence

Legal Issues

  1. 1 Whether fresh evidence (a video clip) should be admitted under section 23 of the Criminal Appeal Act 1968
  2. 2 Whether the fresh evidence renders the conviction unsafe

Ratio Decidendi

The fresh evidence (video clip) is not capable of belief due to the applicant's and witness's dishonesty regarding their alibi, and there is no reasonable explanation for its late production; therefore, the evidence is not admitted and the conviction is not unsafe.

Court Disposition

leave to appeal refused

Orders

  • Application for leave to appeal against conviction refused
  • Fresh evidence not admitted under section 23 of the Criminal Appeal Act 1968