News Ticker

Menu

Grounds For New Trial


Section 2. Grounds For New Trial

Grounds For A New Trial In Criminal Cases
1. Errors of law or irregularities prejudicial to the substantial
   rights of the accused have been committed during the trial (errors
   of law or irregularities)
2. New and material evidence discovered which the accused could not
   with reasonable diligence have been discovered and produced at the
   trial and which if introduced and admitted would probably change
   the judgment (newly discovered evidence)
3. Other grounds which the court may determine in the exercise of
   its discretion

Requisites Before A New Trial May Be Granted On The Ground Of Newly
Discovered Evidence
1. That the evidence was discovered after trial
2. That such evidence could not have been discovered and produced at
   the trial even with the exercise of reasonable diligence
3. That it is material, not merely cumulative, corroborative, or
   impeaching
4. The evidence is of such weight that it would probably change the
   judgment if admitted

Mistake of counsel generally binds the client and is not a ground for
new trial EXCEPT when the incompetence of the counsel is so great
that the defendant is prejudiced and prevented from fairly presenting
his defense and where the error of counsel is so serious.

Recantation - is the public and formal withdrawal of a witness of his
prior statement.
It is not a ground for new trial because it makes a mockery of the court
and would place the investigation of truth at the mercy of the
unscrupulous witness.
Moreover, retractions are easy to extort out of witness. In contrast,
their statements are made under oath, in the presence of judge, and
with the opportunity to cross-examine.

      EXCEPT when aside from the testimony of the retracting witness,    
      there is no other evidence to support the conviction of the
      accused. In this case, the retraction by the sole witness creates
      a doubt in the mind of the judge as to the guilt of the accused

Recantation From Affidavit of Desistance
Recantation - A witness who previously gave a testimony subsequently
declares that his statements were not true.

Affidavit of Desistance - The complainant states that he did not really
intend to institute the case and that he is no longer in testifying or
prosecuting.
It is a ground for dismissing the case only if the prosecution can no
longer prove the guilt of the accused beyond reasonable doubt without
the testimony of the offended party.






Share This:

Bigwas

I'm Bigwas, It is just an Alias. I have a degree in Criminology. I'm a blogger who loves to write about anything that cross my mind. I hope you learn something from my blog.

No Comment to " Grounds For New Trial "

Post Any Question Or Correction

  • To add an Emoticons Show Icons
  • To add code Use [pre]code here[/pre]
  • To add an Image Use [img]IMAGE-URL-HERE[/img]
  • To add Youtube video just paste a video link like http://www.youtube.com/watch?v=0x_gnfpL3RM