Dodd, R v

Dodd, R v

The application to admit fresh evidence was refused because the evidence was not capable of belief, was inconsistent with objective evidence, and there was no reasonable explanation for its omission at trial. The convictions were safe and there were no arguable grounds for appeal.

Parties
Respondent: Regina; Appellant: Rohan Dodd
Jurisdiction
England and Wales
Judgment Date
06 October 2010
Procedural Posture
Criminal Appeal / Application for Leave to Appeal Against Conviction
Outcome
Application for leave to appeal against conviction refused
Legal Topics
Grievous Bodily Harm, Violent Disorder, Failure to Keep a Dog Under Proper Control, Admission of Fresh Evidence, Self Defence
Criminal Law Grievous Bodily Harm Violent Disorder Failure to Keep a Dog Under Proper Control Admission of Fresh Evidence Self Defence

Case Brief

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Parties

Regina

Respondent

Rohan Dodd

Appellant

Procedural Posture

Criminal Appeal / Application for Leave to Appeal Against Conviction

Legal Issues

  1. 1 Whether the conviction was unsafe due to failure to call Edward McInerney as a witness
  2. 2 Whether fresh evidence should be admitted under section 23 of the Criminal Appeal Act 1968
  3. 3 Whether the defence of self-defence was properly considered

Ratio Decidendi

The application to admit fresh evidence was refused because the evidence was not capable of belief, was inconsistent with objective evidence, and there was no reasonable explanation for its omission at trial. The convictions were safe and there were no arguable grounds for appeal.

Court Disposition

Application for leave to appeal against conviction refused