Avorgah v R

Avorgah v R

The alleged fresh evidence and non-disclosure did not materially undermine the prosecution case or the safety of the conviction; the appellant's credibility was damaged by inconsistent accounts and the evidence against him was compelling.

Parties
Appellant: Moise Avorgah; Respondent: Regina
Jurisdiction
England and Wales
Judgment Date
07 July 2015
Procedural Posture
Criminal Appeal / Appeal Against Conviction
Outcome
appeal dismissed
Legal Topics
Murder, Wounding With Intent, Fresh Evidence, Non Disclosure, Bad Character Evidence, Self Defence
Criminal Law Murder Wounding With Intent Fresh Evidence Non Disclosure Bad Character Evidence Self Defence

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Parties

Moise Avorgah

Appellant

Regina

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Conviction

Legal Issues

  1. 1 Whether fresh evidence or material non-disclosure undermines the safety of the conviction
  2. 2 Whether the credibility and reliability of prosecution witnesses was sufficiently challenged
  3. 3 Whether the appellant acted in self-defence

Ratio Decidendi

The alleged fresh evidence and non-disclosure did not materially undermine the prosecution case or the safety of the conviction; the appellant's credibility was damaged by inconsistent accounts and the evidence against him was compelling.

Court Disposition

appeal dismissed

Orders

  • The appellant's conviction is upheld.
  • Leave to appeal on the fourth ground is refused.