Provan, R. v [2022] EWCA Crim 248 (22 February 2022)

Provan, R. v [2022] EWCA Crim 248 (22 February 2022)

The central issue at trial was the credibility of the complainant. The quashing of DW's convictions, based on fresh evidence undermining the complainant's credibility, materially impacts the safety of Adam Provan's convictions, as the jury's assessment would have been different had this been known. Accordingly, the convictions are unsafe and must be quashed.

Citation
[2022] EWCA Crim 248
Parties
Appellant: Adam Provan; Respondent: Regina (The Crown)
Jurisdiction
England and Wales
Judgment Date
22 February 2022
Procedural Posture
Criminal Appeal / Court of Appeal Judgment on Conviction Appeal and Application for Retrial
Outcome
Convictions quashed; retrial ordered
Legal Topics
Rape, Sexual Offences, Appeal Against Conviction, Fresh Evidence, Credibility of Complainant, Quashing of Conviction, Retrial
Criminal Law Rape Sexual Offences Appeal Against Conviction Fresh Evidence Credibility of Complainant Quashing of Conviction Retrial

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Parties

Adam Provan

Appellant

Regina (The Crown)

Respondent

Procedural Posture

Criminal Appeal / Court of Appeal Judgment on Conviction Appeal and Application for Retrial

Legal Issues

  1. 1 Whether fresh evidence (quashing of DW's conviction) undermines the safety of Adam Provan's convictions for rape
  2. 2 Whether the admission of evidence relating to DW's conviction was inadmissible and prejudicial
  3. 3 Whether a retrial should be ordered after quashing the convictions

Ratio Decidendi

The central issue at trial was the credibility of the complainant. The quashing of DW's convictions, based on fresh evidence undermining the complainant's credibility, materially impacts the safety of Adam Provan's convictions, as the jury's assessment would have been different had this been known. Accordingly, the convictions are unsafe and must be quashed.

Court Disposition

Convictions quashed; retrial ordered

Orders

  • Extension of time to appeal granted
  • Application to adduce fresh evidence granted