Source: All England Reporter
Publisher Citation: [2008] All ER (D) 59 (Nov)
Court: Court of Appeal, Criminal Division
Judge:

Richards LJ, Foskett J and Judge Jacobs

Representation Simon Medland (assigned by the Registrar of Criminal Appeals) for the defendant.
  Matthew Dunford (instructed by the Crown Prosecution Service) for the Crown.
Judgment Dates: 7 November 2008

Catchwords

Criminal evidence - Appeal - Fresh evidence - Rape - Each count of rape arising out of different circumstances - Sister of third complainant giving evidence that third complainant raped - Defendant convicted - Sister of third complainant subsequently admitting lying on oath and that third complainant having consensual sexual intercourse with defendant - Whether conviction unsafe.

The Case

Criminal evidence Appeal. Court of Appeal, Criminal Division: The defendant's conviction on two counts of rape was unsafe and had to be quashed in circumstances where one of the witnesses had made subsequent admissions that she had lied on oath.

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