B, R. v [2012] EWCA Crim 414 (29 February 2012)

B, R. v [2012] EWCA Crim 414 (29 February 2012)

DNA evidence excluded at the original trial was not 'adduced' in those proceedings; therefore, it constitutes 'new evidence' under section 78(2) of the Criminal Justice Act 2003, enabling an application for retrial.

Citation
[2012] EWCA Crim 414
Parties
Applicant: Regina; Respondent: B
Jurisdiction
England and Wales
Judgment Date
29 February 2012
Procedural Posture
Criminal Appeal / Application for Retrial Under Criminal Justice Act 2003
Outcome
application granted
Legal Topics
Double Jeopardy, Admissibility of Evidence, DNA Evidence, Abuse of Process
Criminal Law Double Jeopardy Admissibility of Evidence DNA Evidence Abuse of Process

Case Brief

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Parties

Regina

Applicant

B

Respondent

Procedural Posture

Criminal Appeal / Application for Retrial Under Criminal Justice Act 2003

Legal Issues

  1. 1 Whether DNA evidence excluded at original trial constitutes 'new and compelling evidence' under section 78 of the Criminal Justice Act 2003
  2. 2 Interpretation of 'adduced' in section 78(2)
  3. 3 Whether evidence available but excluded at trial can be considered 'new'

Ratio Decidendi

DNA evidence excluded at the original trial was not 'adduced' in those proceedings; therefore, it constitutes 'new evidence' under section 78(2) of the Criminal Justice Act 2003, enabling an application for retrial.

Court Disposition

application granted

Orders

  • DNA evidence constitutes new and compelling evidence under section 78(2) of the Criminal Justice Act 2003
  • Application for retrial allowed