Thomas Edward Cashman v R

Thomas Edward Cashman v R

The court found the applicant's allegations of jury irregularity to be inherently incredible, based on multiple hearsay, lacking identification of key individuals, and unsupported by any admissible evidence. The statutory tests for admitting fresh evidence and ordering a CCRC investigation were not met. The applications were dismissed as lacking all credibility.

Parties
Applicant: Thomas Edward Cashman; Respondent: Rex
Jurisdiction
England and Wales
Judgment Date
13 December 2024
Procedural Posture
Criminal Appeal / Application for Leave to Appeal and Request for CCRC Investigation
Outcome
Applications for leave to appeal and CCRC investigation dismissed.
Legal Topics
Jury Irregularity, Fresh Evidence, CCRC Investigation, Appeal Against Conviction
Criminal Law Criminal Procedure Jury Irregularity Fresh Evidence CCRC Investigation Appeal Against Conviction

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Parties

Thomas Edward Cashman

Applicant

Rex

Respondent

Procedural Posture

Criminal Appeal / Application for Leave to Appeal and Request for CCRC Investigation

Legal Issues

  1. 1 Whether alleged jury irregularities warrant investigation or leave to appeal
  2. 2 Whether fresh evidence is credible and admissible under Criminal Appeal Act 1968
  3. 3 Whether the statutory test for CCRC investigation is met

Ratio Decidendi

The court found the applicant's allegations of jury irregularity to be inherently incredible, based on multiple hearsay, lacking identification of key individuals, and unsupported by any admissible evidence. The statutory tests for admitting fresh evidence and ordering a CCRC investigation were not met. The applications were dismissed as lacking all credibility.

Court Disposition

Applications for leave to appeal and CCRC investigation dismissed.

Orders

  • Judgment may be cited despite refusal of leave to appeal.
  • No representation order granted.