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The Court of Appeal should concentrate on the single and simple question 'does it think that the verdict is unsafe'.
This exercise does not involve trying the case again. Rather it requires the court, where conviction has followed trial and no fresh evidence has been introduced on the appeal, to examine the evidence given at trial and to gauge the safety of the verdict against that background.
The court should eschew speculation as to what may have influenced the jury to its verdict.
The Court of Appeal must be persuaded that the verdict is unsafe but if, having considered the evidence, the court has a significant sense of unease about the correctness of the verdict based on a reasoned analysis of the evidence, it should allow the appeal."
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Common Room
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