Underwood, R v

Underwood, R v

The conviction was safe because the circumstantial evidence against the appellant was overwhelming and compelling, and the non-disclosure of the witness's convictions, even if used to discredit him, would not have affected the verdict. The fresh DNA and medical evidence did not materially alter the case.

Parties
Respondent: Regina; Appellant: Underwood
Jurisdiction
England and Wales
Judgment Date
22 May 2003
Procedural Posture
Criminal Appeal / Appeal From Conviction After Reference by Criminal Cases Review Commission
Outcome
Appeal dismissed; conviction upheld
Legal Topics
Murder, Appeals, Disclosure of Evidence, Witness Credibility
Criminal Law Murder Appeals Disclosure of Evidence Witness Credibility

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 5 Party arguments 2 Amounts and remedies 13
Sign in to unlock

Parties

Regina

Respondent

Underwood

Appellant

Procedural Posture

Criminal Appeal / Appeal From Conviction After Reference by Criminal Cases Review Commission

Legal Issues

  1. 1 Whether the non-disclosure of a key prosecution witness's previous convictions rendered the conviction unsafe
  2. 2 Whether fresh DNA and medical evidence affected the safety of the conviction

Ratio Decidendi

The conviction was safe because the circumstantial evidence against the appellant was overwhelming and compelling, and the non-disclosure of the witness's convictions, even if used to discredit him, would not have affected the verdict. The fresh DNA and medical evidence did not materially alter the case.

Court Disposition

Appeal dismissed; conviction upheld