R v Garland

Criminal evidence – Practice. The Court of Appeal, Criminal Division, in dismissing the defendant's appeal against conviction, held that, in respect of material which ought to have been disclosed by the prosecution but which had been withheld from the defence, it was the Court of Appeal that had to apply the law of England Wales as laid down in R v Pendleton [2002] 1 All ER 524, R v Burridge[2010] All ER (D) 49 (Dec) and R v Ahmed[2010] All ER (D) 157 (Dec). Accordingly, under the statutory test of s 2(1) of the Criminal Appeal Act 1968, the ultimate question was whether the undisclosed material caused the Court of Appeal to doubt the safety of the conviction. In doing so, if the court regarded the case as a difficult one, it might find it helpful to have regard to the question of what impact the withheld material might have had on the jury.

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