Lyons, R (On the Application Of) v Criminal Cases Review Commission
The CCRC applied the correct legal test and was entitled to conclude that neither the new medical evidence regarding thrush nor the evidence about TOR's sexual experience created a real possibility that the convictions would not be upheld; the defence had the opportunity to raise these issues at trial and made tactical decisions not to pursue them.
- Parties
- Claimant: Michael George Lyons; Defendant: Criminal Cases Review Commission
- Jurisdiction
- England and Wales
- Judgment Date
- 05 February 2019
- Procedural Posture
- Judicial Review / Final Judgment
- Outcome
- Application for judicial review dismissed
- Legal Topics
- CCRC Referrals, Fresh Evidence, Real Possibility Test, Admissibility of Evidence, Sexual Offences
Case Brief
Summary, issues, holding and outcome
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Parties
Michael George Lyons
Claimant
Criminal Cases Review Commission
Defendant
Procedural Posture
Judicial Review / Final Judgment
Legal Issues
- 1 Whether the CCRC erred in refusing to refer convictions to the Court of Appeal under section 9 of the Criminal Appeal Act 1995
- 2 Whether new medical evidence regarding thrush and credibility of complainant TOR created a real possibility of convictions being overturned
Ratio Decidendi
The CCRC applied the correct legal test and was entitled to conclude that neither the new medical evidence regarding thrush nor the evidence about TOR's sexual experience created a real possibility that the convictions would not be upheld; the defence had the opportunity to raise these issues at trial and made tactical decisions not to pursue them.
Court Disposition
Application for judicial review dismissed
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