A defence decision not to obtain independent expert advice on prosecution DNA evidence before trial is a forensic choice, and the resulting expert evidence is 'new' not 'fresh' evidence on appeal. Where false denials are directed to the element of knowledge rather than the disputed element of possession, no circular reasoning arises and an Edwards direction may not be required. The Weiss proviso applies where the appellate court is independently satisfied of guilt beyond reasonable doubt on the whole trial record.
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