Semaj, R v [2012] EWCA Crim 2239 (24 October 2012)

Semaj, R v [2012] EWCA Crim 2239 (24 October 2012)

The court found that the evidence of Luan Gjecaj was incapable of belief, was collusive, and had been fabricated in concert with the appellant. As such, it was not in the interests of justice to admit the evidence, and the conviction was not rendered unsafe.

Source-derived case information.

Citation
[2012] EWCA Crim 2239
Parties
Respondent: Regina; Appellant: Moraj Semaj
Jurisdiction
England and Wales
Judgment Date
24 October 2012
Procedural Posture
Criminal Appeal / Appeal Against Conviction After Trial
Outcome
Appeal dismissed
Legal Topics
Murder, Fresh Evidence, Joint Enterprise, Witness Credibility, Anonymity Orders
Criminal Law Murder Fresh Evidence Joint Enterprise Witness Credibility Anonymity Orders

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Summary, issues, holding and outcome

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Parties

Regina

Respondent

Moraj Semaj

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Conviction After Trial

Legal Issues

  1. 1 Whether fresh evidence from Luan Gjecaj should be admitted under s.23 Criminal Appeal Act 1968
  2. 2 Whether the conviction is unsafe in light of the alleged fresh evidence

Ratio Decidendi

The court found that the evidence of Luan Gjecaj was incapable of belief, was collusive, and had been fabricated in concert with the appellant. As such, it was not in the interests of justice to admit the evidence, and the conviction was not rendered unsafe.

Court Disposition

Appeal dismissed

Orders

  • Fresh evidence of Luan Gjecaj not admitted
  • Conviction stands