Dobson, R v

Dobson, R v

There is sufficient reliable and substantial new evidence to justify quashing Dobson's acquittal and ordering a new trial; the presumption of innocence continues to apply, and the fairness of the trial must be safeguarded.

Parties
Applicant: R; Respondent: Dobson
Jurisdiction
England and Wales
Judgment Date
18 May 2011
Procedural Posture
Criminal / Application to Quash Acquittal and Order Retrial
Outcome
Acquittal quashed; retrial ordered
Legal Topics
Double Jeopardy, Murder, Retrial, New and Compelling Evidence
Criminal Law Double Jeopardy Murder Retrial New and Compelling Evidence

Case Brief

Summary, issues, holding and outcome

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Parties

R

Applicant

Dobson

Respondent

Procedural Posture

Criminal / Application to Quash Acquittal and Order Retrial

Legal Issues

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

Ratio Decidendi

There is sufficient reliable and substantial new evidence to justify quashing Dobson's acquittal and ordering a new trial; the presumption of innocence continues to apply, and the fairness of the trial must be safeguarded.

Court Disposition

Acquittal quashed; retrial ordered

Orders

  • Dobson's acquittal is quashed
  • A new trial is ordered