JB v The Queen [No 2]

In the case of JB v The Queen [No 2], the respondent was convicted of murder which occurred on 21 April 2008. The case was referred to the Court of Criminal Appeal under section 79 of the Crimes (Appeal and Review) Act 2001. The Crown conceded that the appeal must succeed and the conviction be quashed. The central issue was whether the verdict of acquittal or a retrial should be ordered, and whether an undertaking by the Crown not to call a compromised witness on retrial should be considered, given the witness's significant role in the original trial.

The court considered whether the remaining evidence was capable of proving the applicant guilty of murder. A detailed analysis of the evidence likely to be called at the retrial was conducted, which suggested that the evidence was unlikely to establish the guilt of the applicant. The court examined the weight of the compromised witness's evidence and concluded that, without this evidence, the remaining evidence was insufficient to secure a conviction.

Consequently, the court decided that the appeal should be allowed, the conviction quashed, and a verdict of acquittal entered. The court determined that a retrial would not likely result in a conviction given the current state of the evidence. The court's decision was based on the unlikelihood that the remaining evidence would be sufficient to establish the applicant's guilt beyond reasonable doubt in the absence of the compromised witness's testimony.