Weston, R v [2010] EWCA Crim 1576 (08 July 2010)

Weston, R v [2010] EWCA Crim 1576 (08 July 2010)

The DNA evidence found on the respondent's boots is new and compelling within the statutory meaning, and given the interests of justice, including the possibility of a fair trial, the acquittal must be quashed and a re-trial ordered.

Citation
[2010] EWCA Crim 1576
Parties
Applicant: Regina; Respondent: Mark Weston
Jurisdiction
England and Wales
Judgment Date
08 July 2010
Procedural Posture
Criminal Appeal / Application to Quash Acquittal and Order Re Trial Under S.76 Criminal Justice Act 2003
Outcome
Acquittal quashed; re-trial ordered
Legal Topics
Double Jeopardy, New and Compelling Evidence, DNA Evidence, Interests of Justice, Quashing Acquittal, Re Trial
Criminal Law Double Jeopardy New and Compelling Evidence DNA Evidence Interests of Justice Quashing Acquittal Re Trial

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Parties

Regina

Applicant

Mark Weston

Respondent

Procedural Posture

Criminal Appeal / Application to Quash Acquittal and Order Re Trial Under S.76 Criminal Justice Act 2003

Legal Issues

  1. 1 Whether the new DNA evidence is 'new' within the statutory meaning
  2. 2 Whether the evidence is 'compelling' as defined by statute
  3. 3 Whether it is in the interests of justice to quash the acquittal and order a re-trial

Ratio Decidendi

The DNA evidence found on the respondent's boots is new and compelling within the statutory meaning, and given the interests of justice, including the possibility of a fair trial, the acquittal must be quashed and a re-trial ordered.

Court Disposition

Acquittal quashed; re-trial ordered

Orders

  • Order quashing acquittal of Mark Weston
  • Order for re-trial for murder of Vikki Thompson