The question for the Court of Appeal on an appeal against conviction was whether the conviction was safe and not whether the accused was guilty. When assessing fresh evidence in a case of any difficulty it would usually be wise for the Court of Appeal to test its own provisional view by asking whether the evidence, if given at trial, might reasonably have affected the decision of the trial jury to convict. If so, the conviction would be unsafe.
ADMISSIONS MADE IN INTERVIEWS
 UKHL 66 December 13, 2001