CS & Anor, R v [2001] EWCA Crim 339 (15 February 2001)

CS & Anor, R v [2001] EWCA Crim 339 (15 February 2001)

The convictions are unsafe because the complainant's medical notes, which were not disclosed at trial, provide further inconsistency in her evidence and could have led the jury to acquit the appellants.

Citation
[2001] EWCA Crim 339
Parties
Appellant: C. S.; Appellant: O. S.; Respondent: The Crown
Jurisdiction
England and Wales
Judgment Date
15 February 2001
Procedural Posture
Criminal Appeal / Reference by Criminal Cases Review Commission Under S.9 Criminal Appeal Act 1995
Outcome
appeal allowed; convictions quashed
Legal Topics
Rape, Sexual Offences, Disclosure of Evidence, Unsafe Conviction, Appeal Procedure
Criminal Law Rape Sexual Offences Disclosure of Evidence Unsafe Conviction Appeal Procedure

Case Brief

Summary, issues, holding and outcome

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Parties

C. S.

Appellant

O. S.

Appellant

The Crown

Respondent

Procedural Posture

Criminal Appeal / Reference by Criminal Cases Review Commission Under S.9 Criminal Appeal Act 1995

Legal Issues

  1. 1 Whether the convictions are unsafe due to non-disclosure of complainant's medical reports
  2. 2 Whether new medical evidence undermines complainant's credibility

Ratio Decidendi

The convictions are unsafe because the complainant's medical notes, which were not disclosed at trial, provide further inconsistency in her evidence and could have led the jury to acquit the appellants.

Court Disposition

appeal allowed; convictions quashed

Orders

  • Convictions of C. S. and O. S. quashed
  • Legal aid granted for all reasonable steps taken related to this ground over the relevant period