R v Donald Pendleton

JurisdictionEngland & Wales
JudgeTHE LORD CHIEF JUSTICE
Judgment Date22 January 2002
Neutral Citation[2002] EWCA Crim 115
CourtCourt of Appeal (Criminal Division)
Docket NumberNo. 1999/00783/S1
Date22 January 2002

[2002] EWCA Crim 115

IN THE COURT OF APPEAL CRIMINAL DIVISION

Royal Courts of Justice

The Strand

London WC2

Before

The Lord Chief Justice of England and Wales

(The Lord Woolf of Barnes)

Mr Justice Mitchell and

Mr Justice Keith

No. 1999/00783/S1

Regina
and
Donald Pendleton

Non-Counsel Application

Tuesday 22 January 2002

THE LORD CHIEF JUSTICE
1

: On 3 July 1986, the applicant was convicted of murder. His renewed application was dismissed on 8 June 1987. It was referred back to this court by the Criminal Cases Review Commission. On 22 June 2000, the full court dismissed his appeal. On 13 December 2001, the House of Lords allowed the appeal. The consequence is that the conviction order has to be quashed. The court therefore makes the judgment of the House of Lords an order of the Court of Appeal in accordance with the draft order enclosed.

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37 cases
  • R v Malook (Sadakat)
    • United Kingdom
    • Court of Appeal (Criminal Division)
    • 16 February 2011
    ...57 In appeals against conviction, the principles that the court applies to fresh evidence received under s.23 are well settled; the test in Pendleton [2001] UKHL 66; [2002] 1 Cr App R 34 is considered and, if it is satisfied, the conviction is quashed and a re-trial ordered. 58 In sentence......
  • R v Donald Pendleton
    • United Kingdom
    • House of Lords
    • 13 December 2001
  • R v Henderson and Others
    • United Kingdom
    • Court of Appeal (Criminal Division)
    • 29 July 2010
    ...not be in any better position than an appellant who had called evidence at trial. 4 The important observation of Lord Bingham CJ in R v Pendleton [2002] 1 Cr App R 441 [17] that trial by jury does not mean trial by jury in the first instance and trial by judges in the Court of Appeal in the......
  • R v Horncastle and another
    • United Kingdom
    • Court of Appeal (Criminal Division)
    • 3 July 2009
    ...he made. Although there is now fresh evidence before us in relation to the attack on Mr Bashir, we do not consider, applying the test in Pendleton that it might have made a difference to the way in which the jury decided the case. First there was sufficient evidence of propensity, second, t......
  • Request a trial to view additional results

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