Hardy, R. v [2021] EWCA Crim 635 (07 May 2021)

Hardy, R. v [2021] EWCA Crim 635 (07 May 2021)

The Court found that the newly recovered text messages between the applicant and the complainant, particularly those relating to the York incident (Count 6), were capable of undermining the complainant's allegation of rape and thus rendered the conviction for Count 6 unsafe. The messages also cast doubt on the conviction for Count 7, as they contradicted the complainant's stated reasons for withholding consent. However, the new evidence did not undermine the safety of the convictions for Counts 2, 4, and 8, which were based on different circumstances and supported by other evidence. The appeal was allowed in relation to Counts 6 and 7 and dismissed in relation to Counts 2, 4, and 8.

Citation
[2021] EWCA Crim 635
Parties
Prosecution: Regina; Applicant: Craig Hardy
Jurisdiction
England and Wales
Judgment Date
07 May 2021
Procedural Posture
Criminal Appeal / Appeal Against Conviction, Application for Extension of Time, and Application to Adduce New Evidence
Outcome
Appeal allowed in part; convictions on Counts 6 and 7 quashed; convictions on Counts 2, 4, and 8 upheld.
Legal Topics
Rape, Sexual Offences, Fresh Evidence on Appeal, Safety of Conviction, Admissibility of Evidence, Extension of Time
Criminal Law Rape Sexual Offences Fresh Evidence on Appeal Safety of Conviction Admissibility of Evidence Extension of Time

Case Brief

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Parties

Regina

Prosecution

Craig Hardy

Applicant

Procedural Posture

Criminal Appeal / Appeal Against Conviction, Application for Extension of Time, and Application to Adduce New Evidence

Legal Issues

  1. 1 Whether new evidence (recovered text messages) should be admitted on appeal
  2. 2 Whether the convictions for rape (Counts 6 and 7) are unsafe in light of new evidence
  3. 3 Whether the convictions for rape (Counts 2 and 4) and sexual assault (Count 8) are undermined by the new evidence

Ratio Decidendi

The Court found that the newly recovered text messages between the applicant and the complainant, particularly those relating to the York incident (Count 6), were capable of undermining the complainant's allegation of rape and thus rendered the conviction for Count 6 unsafe. The messages also cast doubt on the conviction for Count 7, as they contradicted the complainant's stated reasons for withholding consent. However, the new evidence did not undermine the safety of the convictions for Counts 2, 4, and 8, which were based on different circumstances and supported by other evidence. The appeal was allowed in relation to Counts 6 and 7 and dismissed in relation to Counts 2, 4, and 8.

Court Disposition

Appeal allowed in part; convictions on Counts 6 and 7 quashed; convictions on Counts 2, 4, and 8 upheld.

Orders

  • Extension of time to appeal granted
  • New evidence (forensic reports of text messages) admitted