A, R v
The acquittal was quashed and a re-trial ordered because new and compelling evidence, including multiple independent complaints of sexual misconduct by the respondent, was reliable, substantial, and highly probative of the rape allegation. The interests of justice required a re-trial, as the evidential context had changed significantly and a conviction was highly probable.
- Parties
- Prosecution: R; Respondent: A
- Jurisdiction
- England and Wales
- Judgment Date
- 01 December 2008
- Procedural Posture
- Criminal / Application to Quash Acquittal and Order Re Trial
- Outcome
- acquittal quashed; re-trial ordered
- Legal Topics
- Double Jeopardy, Re Trial, New and Compelling Evidence, Sexual Offences
Case Brief
Summary, issues, holding and outcome
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Parties
R
Prosecution
A
Respondent
Procedural Posture
Criminal / Application to Quash Acquittal and Order Re Trial
Legal Issues
- 1 Whether new and compelling evidence exists to justify quashing the 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 evidential context and delay
Ratio Decidendi
The acquittal was quashed and a re-trial ordered because new and compelling evidence, including multiple independent complaints of sexual misconduct by the respondent, was reliable, substantial, and highly probative of the rape allegation. The interests of justice required a re-trial, as the evidential context had changed significantly and a conviction was highly probable.
Court Disposition
acquittal quashed; re-trial ordered
Orders
- Acquittal of rape quashed
- Respondent to be re-tried for rape
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