Dobson, R v [2011] EWCA Crim 1256 (18 May 2011)

Dobson, R v [2011] EWCA Crim 1256 (18 May 2011)

There is sufficient reliable and substantial new scientific evidence linking Dobson to the attack to satisfy the statutory requirements for quashing the acquittal and ordering a retrial; the interests of justice do not preclude a fair trial despite the passage of time and publicity.

Citation
[2011] EWCA Crim 1256
Parties
Applicant: R; Respondent: Dobson
Jurisdiction
England and Wales
Judgment Date
18 May 2011
Procedural Posture
Criminal / Application to Quash Acquittal and Order Retrial Under Section 76 Criminal Justice Act 2003
Outcome
Application granted; acquittal quashed and retrial ordered.
Legal Topics
Double Jeopardy, Retrial, New and Compelling Evidence, Interests of Justice, Murder
Criminal Law Double Jeopardy Retrial New and Compelling Evidence Interests of Justice Murder

Case Brief

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Parties

R

Applicant

Dobson

Respondent

Procedural Posture

Criminal / Application to Quash Acquittal and Order Retrial Under Section 76 Criminal Justice Act 2003

Legal Issues

  1. 1 Whether new and compelling evidence exists to justify quashing Dobson's acquittal for murder under section 76 Criminal Justice Act 2003
  2. 2 Whether it is in the interests of justice to order a retrial given the passage of time and publicity

Ratio Decidendi

There is sufficient reliable and substantial new scientific evidence linking Dobson to the attack to satisfy the statutory requirements for quashing the acquittal and ordering a retrial; the interests of justice do not preclude a fair trial despite the passage of time and publicity.

Court Disposition

Application granted; acquittal quashed and retrial ordered.

Orders

  • Acquittal of Gary Dobson quashed.
  • New trial to be held.