Court of Appeal dismisses a second application that a miscarriage of justice had occurred in respect a murder and robbery conviction, on the grounds that the application fails to disclose any new or newly discovered fact within the meaning of relevant legislation, and is bound to fail since the applicant has put forward no new material to support his claim.
Criminal law – motion to dismiss a second miscarriage of justice application – whether the application discloses any new or newly discovered fact within the meaning of s. 2 of the Criminal Procedure Act 1993 – s. 29 of the Courts of Justice Act 1924 – application is bound to fail – there are no new or newly discovered facts – application does not meet the requirements as set out in DPP v. Willoughby – motion to dismiss application granted.