Ngwenya v Crown Prosecution Service

Ngwenya v Crown Prosecution Service

The Crown Court was entitled to rely on the complainant's initial video-recorded evidence, supported by medical and corroborative testimony, and to reject her later retraction as untruthful, thus finding sufficient evidence for conviction under section 39 of the Criminal Justice Act 1988.

Parties
Claimant: Ngwenya; Defendant: Crown Prosecution Service
Jurisdiction
England and Wales
Judgment Date
12 May 2008
Procedural Posture
Criminal Appeal by Way of Case Stated / Appeal Against Dismissal of Conviction Appeal
Outcome
Appeal dismissed
Legal Topics
Assault, Special Measures, Child Witness, Evidentiary Assessment
Criminal Law Assault Special Measures Child Witness Evidentiary Assessment

Case Brief

Summary, issues, holding and outcome

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Parties

Ngwenya

Claimant

Crown Prosecution Service

Defendant

Procedural Posture

Criminal Appeal by Way of Case Stated / Appeal Against Dismissal of Conviction Appeal

Legal Issues

  1. 1 Whether there was sufficient evidence to convict the appellant of assault under section 39 of the Criminal Justice Act 1988
  2. 2 Whether the Crown Court properly evaluated the credibility of the complainant's evidence

Ratio Decidendi

The Crown Court was entitled to rely on the complainant's initial video-recorded evidence, supported by medical and corroborative testimony, and to reject her later retraction as untruthful, thus finding sufficient evidence for conviction under section 39 of the Criminal Justice Act 1988.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed
  • Adjournment application refused