"AM", R v

"AM", R v

The fresh evidence, including expert and official confirmation of the appellant's travel records and credible witness testimony, strongly supports the appellant's alibi and undermines the reliability of the complainant's evidence regarding the timing of the alleged offence. The conviction is therefore unsafe.

Parties
Appellant: AM; Respondent: Regina
Jurisdiction
England and Wales
Judgment Date
06 August 2020
Procedural Posture
Criminal Appeal / Appeal Against Conviction
Outcome
Appeal allowed; conviction quashed
Legal Topics
Rape, Fresh Evidence, Alibi, Unsafe Conviction
Criminal Law Rape Fresh Evidence Alibi Unsafe Conviction

Case Brief

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Parties

AM

Appellant

Regina

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Conviction

Legal Issues

  1. 1 Whether fresh evidence renders the conviction unsafe
  2. 2 Whether the appellant had a valid alibi for the alleged offence period
  3. 3 Whether the evidence of travel documents and witnesses undermines the prosecution case

Ratio Decidendi

The fresh evidence, including expert and official confirmation of the appellant's travel records and credible witness testimony, strongly supports the appellant's alibi and undermines the reliability of the complainant's evidence regarding the timing of the alleged offence. The conviction is therefore unsafe.

Court Disposition

Appeal allowed; conviction quashed

Orders

  • Conviction quashed
  • No retrial ordered