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Ask Jo C. Your Own Question
Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70649
Experience:  Over 5 years in practice
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Can a conviction be apealled on the grounds that a witness

Customer Question

Can a conviction be apealled on the grounds that a witness spoke to the victim and "put words into the victims mouth"
Submitted: 21 days ago.
Category: Law
Expert:  Jo C. replied 21 days ago.

Hi can you explain exactly what you mean by this please?

Customer: replied 21 days ago.
My brother has recieved a guilty verdict which he wants to appeal. I want to know if i can use the fact that one of the witnesses spoke to the victim and her words "put words in her mouth". He has been accused of forcing his daughter to touch him and basically she told her daughter what to say
Customer: replied 21 days ago.
Is that enough of an explanaition?
Expert:  Jo C. replied 21 days ago.

You can always seek leave to appeal on the basis of fresh evidence.

You have to show that the evidence renders the verdict unsafe though. That will depend on how strong the evidence of collusion or coaching is. Most complainants discuss things with people. That wouldn't contaminate things per se.

Can I clarify anything for you?

Jo

Customer: replied 21 days ago.
Can you explain leave to appeal on the basis of fresh evidence?
And the allegations got signifcantly worse once the witness spoke to the victim.
Customer: replied 21 days ago.
the answers given by the victim were inconsistant and did not even talk about my brother. She was talking about someone else.
Expert:  Jo C. replied 21 days ago.

I'm not sure what you wanted to know about it?

Customer: replied 21 days ago.
Can you please explain the first sentence of your reply. The leave to appeal on the basis of fresh evidence
Expert:  Jo C. replied 21 days ago.

I'm not sure how to express it differently?

Apply for leave to appeal on the basis that there is fresh evidence that renders the conviction unsafe.

Customer: replied 21 days ago.
What sort of evidence would i need to provide for that appeal please
Customer: replied 21 days ago.
Hi are you still helping me?
Expert:  Jo C. replied 21 days ago.

It is not really the evidence.

It is whether or not if true it would render the conviction unsafe.

What evidence do you have?

I'm happy to continue with this but please rate my answer.