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Court of Appeal refuses application to introduce additional evidence in appeal of assault conviction, on the grounds that the forensic reports concerning the allegation that the absence of blood is inconsistent with an assault of the nature described could have been put before the trial court, and there is a heavy onus on somebody seeking to adduce expert evidence post-trial.
Criminal law – practice and procedure – application pursuant to the Rules of the Superior Courts seeking leave to introduce additional evidence – Willoughby principles – admissibility of reports of forensic scientists on appeal – whether the absence of forensics was highly significant in a section 3 assault trial – allegation that the absence of blood is inconsistent with an assault of the nature described – there was nothing whatever to prevent evidence of that nature being put before a trial – application to admit new evidence refused.
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