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Grounds for appeal without new evidence?

  • 07-04-2020 3:07pm
    #1
    political analyst
    Registered Users, Registered Users 2 Posts: 4,687 ✭✭✭


    In Australia, the child abuse convictions of Cardinal George Pell have been quashed.

    As far as I know, the appeal process didn't involve the use of new evidence.

    I've heard of appeals being launched - some of which were successful - on the grounds the conviction was perverse, which I take to mean that the defence had no new evidence after the jury's decision.

    Does the Pell case prove that, in common law, a jury's finding of guilt can be overturned without the defence having new evidence?


Comments

  • #2
    GM228
    Registered Users, Registered Users 2 Posts: 8,922 ✭✭✭GM228


    We don't need the case to prove it, it has been written into Irish law since 1924 at least (S96 of The Courts of Justice Act 1924 for example) applying to both judge and jury delivered verdicts, it often happens when somene argues the verdict was against the weight of evidence.


  • #3
    [Deleted User]
    Posts: 5,369 ✭✭✭ [Deleted User]


    political analyst wrote: »
    In Australia, the child abuse convictions of Cardinal George Pell have been quashed.

    As far as I know, the appeal process didn't involve the use of new evidence.

    I've heard of appeals being launched - some of which were successful - on the grounds the conviction was perverse, which I take to mean that the defence had no new evidence after the jury's decision.

    Does the Pell case prove that, in common law, a jury's finding of guilt can be overturned without the defence having new evidence?

    Can a decision be overturned without new evidence? Yes, it happens on points of law for example but afaik all cases can be appealed outside of guilty plea which can only be appealed on severity.

    Cannot I believe, appeal a not guilty jury decision


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