Practice and Procedure

R v MARIO CELAIRE (2009)

PUBLISHED March 17, 2009
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[2009] EWCA Crim 633

Where a man had been acquitted of the murder of his ex-girlfriend, new and compelling evidence provided by the victim of a similar attack allegedly committed by the same assailant constituted evidence of sufficient compulsion to justify quashing his acquittal and ordering a retrial. A retrial would not be rendered unfair by her giving evidence although she had suffered brain damage and speech impairment as a result of the attack.

CA (Crim Div) (Lord Judge LCJ, Irwin J, Wyn Williams J)

17/03/2009

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