R v AFH

R v AFH

The fresh evidence (Instagram messages) was not admitted because there was no reasonable explanation for failing to adduce it at trial, and it was not sufficiently probative to undermine the credibility of the complainants or render the conviction unsafe. The sentence of 15 years was not manifestly excessive given the number and seriousness of the offences and the vulnerability of the victims.

Parties
Applicant: AFH; Respondent: Rex
Jurisdiction
England and Wales
Judgment Date
01 August 2025
Procedural Posture
Criminal Appeal / Judgment on Applications for Extension of Time, Leave to Appeal Conviction and Sentence, and to Adduce Fresh Evidence
Outcome
applications refused
Legal Topics
Sexual Offences, Fresh Evidence on Appeal, Extension of Time, Credibility of Witnesses, Sentencing Guidelines
Criminal Law Sexual Offences Fresh Evidence on Appeal Extension of Time Credibility of Witnesses Sentencing Guidelines

Case Brief

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Parties

AFH

Applicant

Rex

Respondent

Procedural Posture

Criminal Appeal / Judgment on Applications for Extension of Time, Leave to Appeal Conviction and Sentence, and to Adduce Fresh Evidence

Legal Issues

  1. 1 Whether fresh evidence (Instagram messages) should be admitted on appeal
  2. 2 Whether there was a reasonable explanation for failure to adduce evidence at trial
  3. 3 Whether the conviction is unsafe in light of the fresh evidence

Ratio Decidendi

The fresh evidence (Instagram messages) was not admitted because there was no reasonable explanation for failing to adduce it at trial, and it was not sufficiently probative to undermine the credibility of the complainants or render the conviction unsafe. The sentence of 15 years was not manifestly excessive given the number and seriousness of the offences and the vulnerability of the victims.

Court Disposition

applications refused

Orders

  • Application to adduce fresh evidence refused
  • Application for leave to appeal against conviction refused