A, R v [2008] EWCA Crim 2908 (01 December 2008)
The acquittal was quashed and a re-trial ordered because new and compelling evidence, including multiple independent allegations and admissions, is highly probative of the respondent's guilt and the interests of justice require a re-trial. The statutory requirements of the Criminal Justice Act 2003 are satisfied.
- Citation
- [2008] EWCA Crim 2908
- Parties
- Prosecution: R; Respondent: A
- Jurisdiction
- England and Wales
- Judgment Date
- 01 December 2008
- Procedural Posture
- Criminal Appeal / Application to Quash Acquittal and Order Re Trial
- Outcome
- acquittal quashed, re-trial ordered
- Legal Topics
- Double Jeopardy, Re Trial After Acquittal, New and Compelling Evidence, Sexual Offences, Criminal Justice Act 2003
Case Brief
Summary, issues, holding and outcome
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Parties
R
Prosecution
A
Respondent
Procedural Posture
Criminal Appeal / Application to Quash Acquittal and Order Re Trial
Legal Issues
- 1 Whether new and compelling evidence justifies quashing an acquittal and ordering a re-trial for rape under the Criminal Justice Act 2003
- 2 Whether the interests of justice require a re-trial given the passage of time and the nature of new evidence
Ratio Decidendi
The acquittal was quashed and a re-trial ordered because new and compelling evidence, including multiple independent allegations and admissions, is highly probative of the respondent's guilt and the interests of justice require a re-trial. The statutory requirements of the Criminal Justice Act 2003 are satisfied.
Court Disposition
acquittal quashed, re-trial ordered
Orders
- Acquittal of rape quashed
- Respondent to be re-tried for rape
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