2 total
Fresh DNA evidence excluding the accused and implicating an alternative suspect warrants a new trial.
The appellant appealed his second-degree murder conviction and applied to introduce fresh evidence, including new DNA test results and factual evidence regarding scabs on his hands.
The Court of Appeal applied the Palmer test and found that the fresh DNA evidence, which excluded the appellant and pointed to an alternative suspect, could reasonably be expected to have affected the result at trial.
The fresh factual evidence regarding the source of the appellant's hand injuries was also admitted.
The conviction was set aside and a new trial ordered.
Appeals from refusal to quash committals for trial dismissed as there was some evidence of guilt.
The appellants were committed for trial on charges arising from the alleged misuse of funds of a rape crisis line to pay legal costs.
They applied for certiorari to quash their committals, which was largely dismissed by the reviewing judge.
On appeal, the Court of Appeal found no error, affirming that there was some evidence upon which a properly instructed jury could find guilt.
The court also upheld the extension of the timeframe for the charges against one appellant, finding it covered a series of connected acts.
The appeals were dismissed.
