R v XY

R v XY

The evidence relied upon is not fresh, as it was available at trial and there is no reasonable explanation for its absence. The theory advanced by the applicant was already presented and rejected by the jury. The proposed evidence is not credible and does not render the conviction unsafe. It is neither necessary nor...

Source-derived case information.

Parties
Applicant: XY; Respondent: R
Jurisdiction
England and Wales
Judgment Date
20 October 2022
Procedural Posture
Criminal Appeal / Application for Leave to Appeal Against Conviction and to Adduce Fresh Evidence
Outcome
applications refused
Legal Topics
Sexual Offences, Fresh Evidence, DNA Evidence, Appeals Procedure
Criminal Law Sexual Offences Fresh Evidence DNA Evidence Appeals Procedure

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Parties

XY

Applicant

R

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether fresh evidence from the victim explaining the presence of the applicant's DNA should be admitted on appeal
  2. 2 Whether the conviction is unsafe in light of the proposed new evidence

Ratio Decidendi

The evidence relied upon is not fresh, as it was available at trial and there is no reasonable explanation for its absence. The theory advanced by the applicant was already presented and rejected by the jury. The proposed evidence is not credible and does not render the conviction unsafe. It is neither necessary nor expedient in the interests of justice to admit the evidence.

Court Disposition

applications refused

Orders

  • application for leave to appeal against conviction refused
  • application to adduce fresh evidence refused