Freshness - the criteria he is using to decided about allowing Julian Joy’s Reports to be used in Appeal
Judge Toogood Expounds Principles Of Admission – Freshness
Principles for admission of further evidence on appeal –
Para 4 – For present purposes it is sufﬁcient to quote the summary of the principles in the Court of Appeals judgment.
“It can therefore be seen that there are in substance three screens or controls which the court applies in a further evidence case. The ﬁrst is concerned with freshness, the second with credibility and the third with whether the new evidence is such that it might reasonably have led to a ﬁnding of not guilty if called at the trial. If the appellant can satisfy the requirements inherent in each of these three controls, the question whether the further evidence does lead to a reasonable doubt is a question not for the appellate court but for a new jury at a second trial which the court will ordinarily order, unless for some good reason, pertaining to the nature of the new evidence or otherwise. the court in its discretion decides not to order a new trial”.
Para 5 – The term “freshness“ is shorthand for the requirement in s 1l9(3) of the Summary Proceedings Act that the evidence “could not in the circumstances have reasonably been adduced at the hearing In coming to a View whether the test of freshness is met, the Court is required to consider all of the circumstances. This will include an inquiry into whether the evidence existed at the time; whether, if the evidence existed, its existence could have become known to the appellant by the exercise of reasonable diligence; and whether, if its existence was known, it was reasonable not to adduce it at the time of the hearing.
Judge Toogood’s decision continues, covering the criteria he is using to decided about allowing Julian Joy’s Reports to be used by Bolton in his Appeal.
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