AS v R. [2014] EWCA Crim 927 (14 May 2014)

AS v R. [2014] EWCA Crim 927 (14 May 2014)

The convictions on the sample counts were unsafe because the jury acquitted on all specific counts based on the same or stronger evidence, and there was insufficient stand-alone evidence for the sample counts; no reasonable jury could have been sure of guilt on the sample counts if they rejected the specific events.

Citation
[2014] EWCA Crim 927
Parties
Appellant: AS; Respondent: Regina
Jurisdiction
England and Wales
Judgment Date
14 May 2014
Procedural Posture
Criminal Appeal / Appeal Against Conviction
Outcome
Appeal allowed; convictions quashed; no retrial ordered.
Legal Topics
Rape, Inconsistent Verdicts, Sample Counts, Jury Directions, Unsafe Convictions
Criminal Law Rape Inconsistent Verdicts Sample Counts Jury Directions Unsafe Convictions

Case Brief

Summary, issues, holding and outcome

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Parties

AS

Appellant

Regina

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Conviction

Legal Issues

  1. 1 Whether the trial judge should have acceded to a submission of no case to answer at the conclusion of the prosecution case
  2. 2 Whether the verdicts are illogically inconsistent and unsafe

Ratio Decidendi

The convictions on the sample counts were unsafe because the jury acquitted on all specific counts based on the same or stronger evidence, and there was insufficient stand-alone evidence for the sample counts; no reasonable jury could have been sure of guilt on the sample counts if they rejected the specific events.

Court Disposition

Appeal allowed; convictions quashed; no retrial ordered.

Orders

  • Convictions quashed
  • Ancillary orders set aside