Nwobu v R

Nwobu v R

The appeal against conviction failed because the fresh evidence of Heidi Merryweather was found to be incapable of belief and would not have affected the jury's verdict; there was no reasonable explanation for its absence at trial. The appeal against sentence succeeded in part because the judge erred in departing...

Source-derived case information.

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

Source-derived case record

Summary, issues, holding and outcome

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Parties

Chinedu Nwobu

Appellant

Regina

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Conviction and Sentence

Legal Issues

  1. 1 Whether fresh evidence from Heidi Merryweather should be admitted on appeal and if so, whether it renders the conviction unsafe
  2. 2 Whether the sentence imposed was appropriate given the circumstances
  3. 3 Whether the costs orders were properly made

Ratio Decidendi

The appeal against conviction failed because the fresh evidence of Heidi Merryweather was found to be incapable of belief and would not have affected the jury's verdict; there was no reasonable explanation for its absence at trial. The appeal against sentence succeeded in part because the judge erred in departing from the 5-year starting point for this type of rape in the absence of aggravating factors. The costs orders were quashed due to lack of proper inquiry into the appellant's means.

Court Disposition

Appeal against conviction dismissed; appeal against sentence allowed in part.

Orders

  • Sentence of 6 years imprisonment quashed and substituted with 5 years imprisonment.
  • Orders for payment of prosecution and defence costs quashed.