B, R. v

B, R. v

DNA evidence excluded at the original trial was not adduced in the proceedings and thus constitutes new evidence for purposes of section 78(2) of the Criminal Justice Act 2003, enabling the application for retrial.

Parties
Applicant: Regina; Respondent: B
Jurisdiction
England and Wales
Judgment Date
29 February 2012
Procedural Posture
Criminal Appeal / Application to Reopen Acquittal Based on New and Compelling Evidence
Outcome
Application granted; DNA evidence constitutes new and compelling evidence under section 78(2) Criminal Justice Act 2003.
Legal Topics
Abuse of Process, Admissibility of Evidence, DNA Evidence, Double Jeopardy, Statutory Interpretation
Criminal Law Abuse of Process Admissibility of Evidence DNA Evidence Double Jeopardy Statutory Interpretation

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Parties

Regina

Applicant

B

Respondent

Procedural Posture

Criminal Appeal / Application to Reopen Acquittal Based on New and Compelling Evidence

Legal Issues

  1. 1 Whether DNA evidence excluded at original trial constitutes 'new' evidence under section 78(2) of the Criminal Justice Act 2003
  2. 2 Whether evidence available but not adduced at trial can be considered new and compelling for purposes of retrial

Ratio Decidendi

DNA evidence excluded at the original trial was not adduced in the proceedings and thus constitutes new evidence for purposes of section 78(2) of the Criminal Justice Act 2003, enabling the application for retrial.

Court Disposition

Application granted; DNA evidence constitutes new and compelling evidence under section 78(2) Criminal Justice Act 2003.

Orders

  • DNA evidence may be considered for retrial under section 78 Criminal Justice Act 2003.