R v Victor Mazzer

R v Victor Mazzer

The fresh psychological evidence was not sufficiently linked to the applicant's account at trial and did not provide an arguable ground for appeal; the defence of another did not arise on the evidence; the convictions are not arguably unsafe.

Parties
Prosecution: Rex; Applicant: Vitor Mazzer
Jurisdiction
England and Wales
Judgment Date
21 May 2024
Procedural Posture
Criminal Appeal / Application for Extension of Time for Leave to Appeal Against Conviction and Application to Adduce Fresh Evidence
Outcome
applications refused
Legal Topics
Grievous Bodily Harm, Self Defence, Fresh Evidence, Post Traumatic Stress Disorder (ptsd), Admissibility of Expert Evidence, Defence of Another, Unsafe Conviction
Criminal Law Grievous Bodily Harm Self Defence Fresh Evidence Post Traumatic Stress Disorder (ptsd) Admissibility of Expert Evidence Defence of Another Unsafe Conviction

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Parties

Rex

Prosecution

Vitor Mazzer

Applicant

Procedural Posture

Criminal Appeal / Application for Extension of Time for Leave to Appeal Against Conviction and Application to Adduce Fresh Evidence

Legal Issues

  1. 1 Whether fresh psychological evidence (PTSD diagnosis) should be admitted under section 23 of the Criminal Appeal Act 1968
  2. 2 Whether the convictions are unsafe due to failure to adduce psychological evidence at trial
  3. 3 Whether the trial judge erred in not directing the jury on the defence of another

Ratio Decidendi

The fresh psychological evidence was not sufficiently linked to the applicant's account at trial and did not provide an arguable ground for appeal; the defence of another did not arise on the evidence; the convictions are not arguably unsafe.

Court Disposition

applications refused

Orders

  • Application to extend time for leave to appeal against conviction refused
  • Application to adduce fresh evidence refused