Source: All England Reporter
Publisher Citation: [2002] All ER (D) 329 (Jul)
Neutral Citation: [2002] EWCA Crim 1880
Court: Court of Appeal, Criminal Division

Buxton LJ, Crane and Henriques JJ

Representation Roger Thomas QC (assigned by the Registrar of Criminal Appeals) for H.
  Malcolm Swift QC and Bryan Cox (assigned by the Registrar of Criminal Appeals) for G.
  Simon Bourne-Arton QC and Caroline Wigin (instructed by the Crown Prosecution Service) for the Crown.
Judgment Dates: 23 July 2002


Criminal evidence - Sexual offence - Co-defendants - Co-defendants being tried separately in relation to allegations made by single complainant - Complainant's evidence at both trials being similar - Whether giving rise to concern that allegations fabricated - Whether convictions consequently unsafe.

The Case

Coincidental evidence given by the complainant in the separate trials of two defendants both charged with having raped and sexually abused her, whilst striking, could not of itself be a reason for the court to intervene and it was unpersuaded that the allegations in the two cases were sufficiently similar to give rise to a fear that one or other, or both, of them might have been fabricated or otherwise unreliable.

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