CRIMINAL DIVISION
The Strand London WC2A 2LL |
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Thursday 13 February 2003 |
B e f o r e :
and
MR JUSTICE ELIAS
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R E G I N A | ||
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G. L. |
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(Official Shorthand Writers to the Court)
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Thursday 13 February 2003
MR JUSTICE JACKSON: Mr Justice Elias will give the judgment of the court.
MR JUSTICE ELIAS:
"The Court of Appeal shall, in considering whether to receive any evidence, have regard in particular to --
(a) whether the evidence appears to the court to be capable of belief;
(b) whether it appears to the court that the evidence may afford any ground for allowing the appeal;
(c) whether the evidence would have been admissible in the proceedings from which the appeal lies on an issue which is the subject of the appeal; and
(d) whether there is a reasonable explanation for the failure to adduce the evidence in these proceedings."
These are not exhaustive of all the potentially relevant considerations that must be taken into account. The overriding objective in all cases are the interests of justice. Clearly in this case subsections (b) and (c) are satisfied. Subsection (a) is not strictly applicable, but the medical reports from these two expert psychiatrists constitute reliable evidence on which this court is entitled to act if it considers it appropriate to do so.