Hussain, R. v [2024] EWCA Crim 1223 (06 September 2024)

Hussain, R. v [2024] EWCA Crim 1223 (06 September 2024)

The fresh audio evidence was of low quality, inconclusive, and did not establish the applicant's presence in the Mercedes. The circumstantial evidence against the applicant was strong, and the new material did not affect the safety of the conviction. Therefore, the application to adduce fresh evidence and for an...

Source-derived case information.

Citation
[2024] EWCA Crim 1223
Parties
Prosecution: Rex; Applicant: Sheraz Hussain
Jurisdiction
England and Wales
Judgment Date
06 September 2024
Procedural Posture
Criminal Appeal / Application for Extension of Time to Appeal Conviction; Application to Adduce Fresh Evidence
Outcome
application refused
Legal Topics
Murder, Fresh Evidence, Extension of Time, Alibi, CCTV Evidence, Audio Analysis
Criminal Law Murder Fresh Evidence Extension of Time Alibi CCTV Evidence Audio Analysis

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Parties

Rex

Prosecution

Sheraz Hussain

Applicant

Procedural Posture

Criminal Appeal / Application for Extension of Time to Appeal Conviction; Application to Adduce Fresh Evidence

Legal Issues

  1. 1 Whether fresh audio evidence from CCTV footage should be admitted on appeal
  2. 2 Whether the conviction is unsafe in light of the new evidence
  3. 3 Whether there is a reasonable explanation for failure to adduce the evidence at trial

Ratio Decidendi

The fresh audio evidence was of low quality, inconclusive, and did not establish the applicant's presence in the Mercedes. The circumstantial evidence against the applicant was strong, and the new material did not affect the safety of the conviction. Therefore, the application to adduce fresh evidence and for an extension of time to appeal was refused.

Court Disposition

application refused

Orders

  • Application to adduce fresh evidence refused
  • Application for extension of time to appeal conviction refused