Ben- Rejab, R. v [2011] EWCA Crim 1136 (06 April 2011)

Ben- Rejab, R. v [2011] EWCA Crim 1136 (06 April 2011)

Refusal to allow cross-examination about Facebook entries did not render Ben-Rejab's trial unfair; there was sufficient evidence for jury to assess credibility. In Baccar's case, late amendment and directions on joint enterprise created real risk of unfairness as counsel and judge had not fully addressed alternative factual basis; convictions unsafe and quashed.

Citation
[2011] EWCA Crim 1136
Parties
Appellant: Anouar Ben-Rejab; Appellant: Nizar Baccar; Respondent: Crown
Jurisdiction
England and Wales
Judgment Date
06 April 2011
Procedural Posture
Criminal Appeal / Court of Appeal Judgment
Outcome
Ben-Rejab's appeal against conviction dismissed; Baccar's appeal allowed, convictions quashed, retrial ordered.
Legal Topics
Rape, Sexual Assault, Joint Enterprise, Fair Trial, Amendment of Indictment, Section 41 Youth Justice and Criminal Evidence Act 1999
Criminal Law Rape Sexual Assault Joint Enterprise Fair Trial Amendment of Indictment Section 41 Youth Justice and Criminal Evidence Act 1999

Case Brief

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Parties

Anouar Ben-Rejab

Appellant

Nizar Baccar

Appellant

Crown

Respondent

Procedural Posture

Criminal Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether refusal to allow cross-examination of complainant about Facebook entries under section 41 YJCEA 1999 rendered Ben-Rejab's trial unfair
  2. 2 Whether late amendment of indictment and directions on joint enterprise rendered Baccar's trial unfair and convictions unsafe

Ratio Decidendi

Refusal to allow cross-examination about Facebook entries did not render Ben-Rejab's trial unfair; there was sufficient evidence for jury to assess credibility. In Baccar's case, late amendment and directions on joint enterprise created real risk of unfairness as counsel and judge had not fully addressed alternative factual basis; convictions unsafe and quashed.

Court Disposition

Ben-Rejab's appeal against conviction dismissed; Baccar's appeal allowed, convictions quashed, retrial ordered.

Orders

  • Quash convictions of Nizar Baccar on counts 2 and 3.
  • Order retrial of counts 2 and 3 against Nizar Baccar.