D v R. [2011] EWCA Crim 987 (15 April 2011)

D v R. [2011] EWCA Crim 987 (15 April 2011)

No order is made on the application as the disclosure issue has been resolved through procedural directions, with relevant material provided to the parties and complainant's Article 8 rights respected.

Citation
[2011] EWCA Crim 987
Parties
Appellant: D; Respondent: The Crown
Jurisdiction
England and Wales
Judgment Date
15 April 2011
Procedural Posture
Criminal Appeal / Application for Directions Regarding Third Party Disclosure Post Conviction
Outcome
application dismissed (no order made)
Legal Topics
Third Party Disclosure, Article 8 ECHR, Procedural Fairness, Rape, Credibility of Witnesses
Criminal Law Evidence Human Rights Third Party Disclosure Article 8 ECHR Procedural Fairness Rape Credibility of Witnesses

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Parties

D

Appellant

The Crown

Respondent

Procedural Posture

Criminal Appeal / Application for Directions Regarding Third Party Disclosure Post Conviction

Legal Issues

  1. 1 Whether the Crown and defence took reasonable steps to obtain potentially relevant third party material
  2. 2 Approach to applications for third party disclosure post-conviction
  3. 3 Balancing defendant's rights and complainant's Article 8 rights

Ratio Decidendi

No order is made on the application as the disclosure issue has been resolved through procedural directions, with relevant material provided to the parties and complainant's Article 8 rights respected.

Court Disposition

application dismissed (no order made)