Wight, R. v [2025] EWCA Crim 1788 (21 November 2025)

Wight, R. v [2025] EWCA Crim 1788 (21 November 2025)

The original grounds of appeal against conviction and sentence are not arguable: the jury was properly directed regarding the mistaken evidence, and the sentence was justified under the guidelines and facts. However, the new ground based on fresh evidence (messages from the complainant admitting to lying) requires further examination and is referred to the Full Court.

Citation
[2025] EWCA Crim 1788
Parties
Prosecution: Rex; Applicant: Brett Wight
Jurisdiction
England and Wales
Judgment Date
21 November 2025
Procedural Posture
Criminal Appeal / Renewed Application for Leave to Appeal Against Conviction and Sentence; Application to Amend Grounds of Appeal
Outcome
Renewed applications on original grounds of appeal against conviction and sentence dismissed; leave granted to amend grounds to add fresh evidence point; new ground referred to Full Court.
Legal Topics
Rape, Controlling or Coercive Behaviour, Appeal Against Conviction, Appeal Against Sentence, Fresh Evidence
Criminal Law Rape Controlling or Coercive Behaviour Appeal Against Conviction Appeal Against Sentence Fresh Evidence

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 1 Party arguments 2 Amounts and remedies 6
Sign in to unlock

Parties

Rex

Prosecution

Brett Wight

Applicant

Procedural Posture

Criminal Appeal / Renewed Application for Leave to Appeal Against Conviction and Sentence; Application to Amend Grounds of Appeal

Legal Issues

  1. 1 Whether the judge erred in refusing to discharge the jury after a prosecution witness's mistaken comment about abuse records
  2. 2 Whether the conviction for rape is unsafe in light of acquittals on other sexual offence counts
  3. 3 Whether the sentence for rape and the extended licence period were manifestly excessive

Ratio Decidendi

The original grounds of appeal against conviction and sentence are not arguable: the jury was properly directed regarding the mistaken evidence, and the sentence was justified under the guidelines and facts. However, the new ground based on fresh evidence (messages from the complainant admitting to lying) requires further examination and is referred to the Full Court.

Court Disposition

Renewed applications on original grounds of appeal against conviction and sentence dismissed; leave granted to amend grounds to add fresh evidence point; new ground referred to Full Court.

Orders

  • Leave to amend ground of appeal to add fresh evidence point granted.
  • New ground of appeal referred to Full Court for hearing.