Where fresh evidence, which if heard at trial, would have given rise to more than a fanciful possibility that the jury would have arrived at a different result, then a conviction was unsafe. The Court of Appeal was required to consider whether the new evidence appeared to be capable of belief; it was not for the court to decide whether in fact that evidence was true or not.

CA (Crim Div) (Laws LJ, Hidden J, Judge Norman Jones QC)

30/11/1999

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