Butler v R.

Butler v R.

The newly disclosed material regarding the complainant's history did not significantly undermine her credibility or the safety of the conviction; the defence knew enough to make further enquiries, and the tactical decision not to cross-examine was justified given the appellant's criminal record. The conviction was...

Source-derived case information.

Parties
Appellant: Carl Butler; Respondent: The Queen
Jurisdiction
England and Wales
Judgment Date
20 May 2015
Procedural Posture
Criminal Appeal / Judgment on Appeal From Conviction
Outcome
appeal dismissed
Legal Topics
Rape, Disclosure, Credibility of Complainant, Miscarriage of Justice, Sexual Offences, Admissibility of Evidence
Criminal Law Rape Disclosure Credibility of Complainant Miscarriage of Justice Sexual Offences Admissibility of Evidence

Source-derived case record

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 4 Authorities cited 12 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

Carl Butler

Appellant

The Queen

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal From Conviction

Legal Issues

  1. 1 Whether non-disclosure of complainant's prior allegations undermined the safety of the conviction
  2. 2 Whether complainant's history justified cross-examination as to credibility
  3. 3 Whether the conviction was unsafe given new material from police and social services

Ratio Decidendi

The newly disclosed material regarding the complainant's history did not significantly undermine her credibility or the safety of the conviction; the defence knew enough to make further enquiries, and the tactical decision not to cross-examine was justified given the appellant's criminal record. The conviction was safe and the appeal was dismissed.

Court Disposition

appeal dismissed