The Court of Appeal (Criminal Division) handed down judgement in R v Meachen [2009] EWCA Crim 1701 on the 5th August 2009. The appellant was convicted by a jury in the Crown Court of causing grievous bodily harm with intent to do so. In an appeal against conviction, following a reference by the Criminal Cases Review Commission, the appellant applied to adduce fresh evidence under section 23 of the Criminal Appeals Act 1968 c. 19. The appellant applied to introduce further evidence of an expert witness who was called at the trial and fresh evidence of a new expert to essentially the same effect as that of an expert witness who was called at trial.

Refusing the application and finding that the conviction was safe the Court of Appeal held that further evidence would not be admitted as it was not additionally probative of anything. The fresh evidence from the new expert was essentially the same evidence tendered by a different expert. The Court concluded that by their verdict the jury had resolved any differences of opinion between the experts.