Source: All England Reporter
Publisher Citation: [2010] All ER (D) 226 (Jul)
Neutral Citation: [2010] EWCA Crim 1818
Court: Court of Appeal, Criminal Division
Judge:

Pitchford LJ, Griffith Williams J and the Recorder of Cardiff
Representation D Jerome, solicitor advocate (instructed by Kaim Todner Ltd) for the first defendant.
  P Panayi (instructed by AP Law Solicitors) for the second defendant.
  P Briegel (instructed by Alexander Johnson Solicitors) for the third defendant.
  R Milne (instructed by the Crown Prosecution Service) for the Crown.
Judgment Dates: 22 July 2010

Catchwords

Criminal law - Trial - Stay for abuse of process - Directions to jury - Defendants charged in connection with rape - Delay in bringing case against defendants after complainant withdrawing allegation but reinstating it some years later - Loss or unavailability of evidence - Whether judge erring in refusing to stay proceedings for abuse of process - Whether judge's directions to jury inadequate - Whether defendants' convictions unsafe.

The Case

Criminal law Trial. The Court of Appeal, Criminal Division, dismissed the defendants' appeal against their conviction in connection with the rape and kidnap of the complainant as, inter alia, the judge had not erred in refusing to stay the proceedings for abuse of process and had given proper and adequate directions to the jury.

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