[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