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Findings of report made after life sentence was imposed are not new evidence in sentence appeal
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Court of Appeal dismisses an application to re-open an appeal against the severity of a life sentence imposed after the applicant was found guilty of manslaughter, not murder, on the basis of the applicant's schizoaffective disorder, on the grounds that the application to adduce the findings of a commission report (produced after the applicant was sentenced) as evidence of new or newly discovered facts must be refused since the test for admitting newly discovered facts has not been satisfied.
Criminal law – sentencing – whether new or newly discovered fact shows that the sentence imposed was excessive – s. 2 of the Criminal Procedure Act 1993 – applicant found guilty of manslaughter not murder pursuant to s. 6 of the Criminal Law (Insanity) Act, 2006 – schizoaffective disorder – report entitled Report of the Commission of Investigation into the Death of Gary Douch provides new evidence in respect of sentencing – Jurisprudence relevant to s.2 of the Act of 1993 – Report constitutes “opinions” rather than facts – application to adduce the findings of the Commission as evidence of new or newly discovered facts must be refused – application to re-open his appeal against the severity of his sentence dismissed.
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