R v David Barry Parkinson

R v David Barry Parkinson

The evidence from the three proposed witnesses fails to meet the statutory tests for admissibility under section 23 of the Criminal Appeal Act 1968, section 41 of the Youth and Criminal Justice Evidence Act 1991, and section 100 of the Criminal Justice Act 2003; it is not of substantial probative value, does not relate to relevant issues of consent, and is excluded by statutory provisions.

Parties
Applicant: David Barry Parkinson; Respondent: Rex
Jurisdiction
England and Wales
Judgment Date
18 February 2026
Procedural Posture
Criminal Appeal / Application for Leave to Appeal Against Conviction and to Adduce Fresh Evidence
Outcome
Application refused
Legal Topics
Rape, Sexual Offences, Admissibility of Evidence, Bad Character Evidence, Reporting Restrictions
Criminal Law Rape Sexual Offences Admissibility of Evidence Bad Character Evidence Reporting Restrictions

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Parties

David Barry Parkinson

Applicant

Rex

Respondent

Procedural Posture

Criminal Appeal / Application for Leave to Appeal Against Conviction and to Adduce Fresh Evidence

Legal Issues

  1. 1 Whether fresh evidence from three witnesses is admissible under section 23 of the Criminal Appeal Act 1968, section 41 of the Youth and Criminal Justice Evidence Act 1991, and section 100 of the Criminal Justice Act 2003
  2. 2 Whether the evidence impacts the safety of the conviction for rape

Ratio Decidendi

The evidence from the three proposed witnesses fails to meet the statutory tests for admissibility under section 23 of the Criminal Appeal Act 1968, section 41 of the Youth and Criminal Justice Evidence Act 1991, and section 100 of the Criminal Justice Act 2003; it is not of substantial probative value, does not relate to relevant issues of consent, and is excluded by statutory provisions.

Court Disposition

Application refused

Orders

  • Application for leave to call fresh evidence is refused
  • Application for extension of time is refused