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R v HANRATTY (DECD)

14 June 2002

Fresh evidence on appeal: Crown seeking to adduce fresh evidence to provide additional evidence of guilt rather than to rebut fresh evidence introduced in support of appeal: whether admissible Appeal against conviction THE DECEASED was convicted in 1962 of the capital murder of G, and the death sentence was executed. G’s companion, S, was raped and also shot but she survived and there was no charge in relation to her. The case was referred to the Court of Appeal by the Criminal Cases Review Commission on 17 grounds based on failures by the prosecution to disclose material to the defence, conduct of the identification parade, the conduct of interviews and inadequacies in the summing up. In seeking to uphold the conviction, the Crown sought to rely on fresh evidence in the form of DNA findings which did not directly address the grounds of appeal. The admissibility and relevance of the DNA evidence, which had been obtained from fabric from S’s underwear and ...

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