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England and Wales Court of Appeal (Criminal Division) Decisions
You are here: BAILII >> Databases >> England and Wales Court of Appeal (Criminal Division) Decisions >> Head, R. v  EWCA Crim 1294 (10 August 2022)
Cite as:  EWCA Crim 1294
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B e f o r e :
MRS JUSTICE O'FARRELL DBE
MRS JUSTICE CUTTS DBE
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Lower Ground, 18-22 Furnival Street, London EC4A 1JS
Tel No: 020 7404 1400; Email: email@example.com (Official Shorthand Writers to the Court)
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LORD JUSTICE WARBY:
23. Mr Cohen's analysis is beguiling, but we have not been persuaded.
"The primary question is for the court itself and is not what effect the fresh evidence would have had on the mind of the jury."
That said, when applying this test, the court will consider whether the fresh evidence might have reasonably led the jury to a different verdict: see R v Nealon  EWCA Crim 574.
NOTE: On 11 August 2022 the Crown indicated that it did not seek a retrial.