R v Brett Wight

R v Brett Wight

The original grounds of appeal against conviction and sentence are not arguable: the jury were 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) merits consideration by the Full Court.

Parties
Prosecution: Rex; Applicant: Brett Wight
Jurisdiction
England and Wales
Judgment Date
19 February 2026
Procedural Posture
Criminal Appeal / Renewed Application for Leave to Appeal Conviction and Sentence; Application to Amend Grounds of Appeal
Outcome
renewed applications on original grounds dismissed; leave granted to amend grounds and refer fresh evidence ground to Full Court
Legal Topics
Rape, Controlling or Coercive Behaviour, Fresh Evidence on Appeal, Jury Discharge, Sentencing Guidelines, Extended Determinate Sentence
Criminal Law Rape Controlling or Coercive Behaviour Fresh Evidence on Appeal Jury Discharge Sentencing Guidelines Extended Determinate Sentence

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Parties

Rex

Prosecution

Brett Wight

Applicant

Procedural Posture

Criminal Appeal / Renewed Application for Leave to Appeal 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 were 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) merits consideration by the Full Court.

Court Disposition

renewed applications on original grounds dismissed; leave granted to amend grounds and refer fresh evidence ground 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