R v Nicholas John Foy

JurisdictionEngland & Wales
JudgeLord Justice Davis
Judgment Date27 February 2020
Neutral Citation[2020] EWCA Crim 270
Docket NumberCase No: 201802368 C3,2018/02368/C3
CourtCourt of Appeal (Criminal Division)
Date27 February 2020

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2 cases
  • Meighan v HM Advocate
    • United Kingdom
    • High Court of Justiciary
    • 17 August 2021
    ...Cannings [2004] EWCA Crim 1; [2004] 1 WLR 2607; [2004] 1 All ER 725; [2004] 2 Cr App R 7; [2004] 1 FCR 193; [2005] Crim LR 126 R v Foy [2020] EWCA Crim 270; [2020] Crim LR 840; [2020] MHLR 308 R v McIlkenny [1992] 2 All ER 417; (1991) 93 Cr App R 287 Reid v HM Advocate [2012] HCJAC 150; 201......
  • R v Joseph Karumba Wangige
    • United Kingdom
    • Court of Appeal (Criminal Division)
    • 14 October 2020
    ...will ordinarily also be very wary of fresh evidence in the form of what is sometimes called “expert shopping”: see, for example, Foy [2020] EWCA Crim 270. At all events, the present case is one where in essence the prosecuting authorities had reached a different charging decision following......
3 books & journal articles
  • The Criminal Court of Appeal's Stale Approach to Fresh Evidence
    • United Kingdom
    • Journal of Criminal Law, The No. 87-1, February 2023
    • 1 February 2023
    ...this evidence was notadduced in the original trial (at [74–80]). The judges relied upon the principle of f‌inality as discussedin Foy [2020] EWCA Crim 270 (at [76]). However, it was at the discretion of the judges to apply theexception developed by Lundy v The Queen [2013] UKPC 28, which al......
  • The Criminal Court of Appeal's Stale Approach to Fresh Evidence
    • United Kingdom
    • Journal of Criminal Law, The No. 87-1, February 2023
    • 1 February 2023
    ...this evidence was notadduced in the original trial (at [74–80]). The judges relied upon the principle of f‌inality as discussedin Foy [2020] EWCA Crim 270 (at [76]). However, it was at the discretion of the judges to apply theexception developed by Lundy v The Queen [2013] UKPC 28, which al......
  • ‘Expert Shopping’: Appeals Adducing Fresh Evidence in Diminished Responsibility Cases: R v Foy [2020] EWCA Crim 270
    • United Kingdom
    • Journal of Criminal Law, The No. 84-3, June 2020
    • 1 June 2020
    ...Note‘Expert Shopping’: AppealsAdducing Fresh Evidence inDiminished ResponsibilityCasesR v Foy [2020] EWCA Crim 270KeywordsMurder, manslaughter, diminished responsibility, fresh evidence, expert evidence, intoxication,appealsSection 23 of the Criminal Appeal Act (CAA) 1968 provides the frame......

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