Nwobu v R [2004] EWCA Crim 105 (29 January 2004)

Nwobu v R [2004] EWCA Crim 105 (29 January 2004)

The fresh evidence from Heidi Merryweather was incapable of belief and would not have affected the jury's verdict; there was no reasonable explanation for its absence at trial. The conviction was safe. The sentence of 6 years was excessive given the absence of aggravating factors and should be reduced to 5 years....

Source-derived case information.

Citation
[2004] EWCA Crim 105
Parties
Appellant: Chinedu Nwobu; Respondent: Regina
Jurisdiction
England and Wales
Judgment Date
29 January 2004
Procedural Posture
Criminal Appeal / Appeal From Conviction and Sentence
Outcome
Appeal against conviction dismissed; appeal against sentence allowed in part; costs orders quashed.
Legal Topics
Rape, Fresh Evidence on Appeal, Sentencing, Costs Orders
Criminal Law Rape Fresh Evidence on Appeal Sentencing Costs Orders

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Summary, issues, holding and outcome

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Parties

Chinedu Nwobu

Appellant

Regina

Respondent

Procedural Posture

Criminal Appeal / Appeal From Conviction and Sentence

Legal Issues

  1. 1 Whether fresh evidence from Heidi Merryweather should be admitted on appeal and whether it would affect the safety of the conviction
  2. 2 Whether the sentence imposed was appropriate given the circumstances
  3. 3 Whether the costs orders were properly made given the appellant's means

Ratio Decidendi

The fresh evidence from Heidi Merryweather was incapable of belief and would not have affected the jury's verdict; there was no reasonable explanation for its absence at trial. The conviction was safe. The sentence of 6 years was excessive given the absence of aggravating factors and should be reduced to 5 years. The costs orders were made without proper enquiry into the appellant's means and should be quashed.

Court Disposition

Appeal against conviction dismissed; appeal against sentence allowed in part; costs orders quashed.

Orders

  • Sentence of 6 years imprisonment quashed and substituted with 5 years imprisonment.
  • Orders for payment of £20,000 prosecution costs and £37,000 defence costs quashed.