"AM", R v [2020] EWCA Crim 1202 (6 August 2020)

"AM", R v [2020] EWCA Crim 1202 (6 August 2020)

The fresh evidence, now accepted as authentic, strongly supports the appellant's alibi and undermines the reliability of the complainant's evidence regarding the timing of the alleged rape. The conviction is therefore unsafe and must be quashed.

Citation
[2020] EWCA Crim 1202
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, Sexual Offences Anonymity
Criminal Law Rape Fresh Evidence Alibi Unsafe Conviction Sexual Offences Anonymity

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's alibi is corroborated by new evidence
  3. 3 Whether the complainant's account is reliable in light of new evidence

Ratio Decidendi

The fresh evidence, now accepted as authentic, strongly supports the appellant's alibi and undermines the reliability of the complainant's evidence regarding the timing of the alleged rape. The conviction is therefore unsafe and must be quashed.

Court Disposition

appeal allowed; conviction quashed

Orders

  • conviction quashed
  • no retrial ordered