[2010] EWCA Crim 1528

A failure of the defence to approach a co-accused and test his potential as a witness did not constitute a reasonable explanation for failing to adduce the co-accused's evidence at trial so as to enable it to be adduced as fresh evidence on appeal under the Criminal Appeal Act 1968 s.23(2)(d).

CA (Crim Div) (Elias LJ, Gross J, Foskett J)

25/06/2010