[2011] EWCA Crim 579

It was appropriate to admit an appellant's evidence that a complainant had given false evidence at a Newton hearing as fresh evidence capable of belief. However, as the complainant's admission that she had previously lied was, in fact, untrue, there was nothing to undermine the safety of the judge's determination at the Newton hearing and the basis upon which the appellant had been sentenced.

CA (Crim Div) (Pitchford LJ, Davis J, Judge Kramer QC)

16/03/2011