Gallagher, R. v [2007] EWCA Crim 256 (23 January 2007)

The jury's verdicts were not inconsistent and the conviction on count 1 was safe based on the evidence; acquittals on counts 2-4 do not make the conviction unsafe.

Citation: [2007] EWCA Crim 256
Parties: Prosecution: Regina; Applicant: Adrian Eamon Gallagher
Jurisdiction: England and Wales
Judgment Date: 23 January 2007
Procedural Posture: Criminal Appeal / Renewed Application for Leave to Appeal Conviction
Outcome: application for leave to appeal conviction refused
Legal Topics: Rape, Jury Verdicts, Consistency of Verdicts, Credibility of Complainant

Criminal Law Rape Jury Verdicts Consistency of Verdicts Credibility of Complainant

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Parties

Regina

Prosecution

Adrian Eamon Gallagher

Applicant

Procedural Posture

Criminal Appeal / Renewed Application for Leave to Appeal Conviction

Legal Issues

1 Whether the jury's verdicts were inconsistent and rendered the conviction unsafe

Ratio Decidendi

The jury's verdicts were not inconsistent and the conviction on count 1 was safe based on the evidence; acquittals on counts 2-4 do not make the conviction unsafe.

Court Disposition

application for leave to appeal conviction refused