Yu, R. v [2025] EWCA Crim 1066 (10 July 2025)

Yu, R. v [2025] EWCA Crim 1066 (10 July 2025)

The judge was correct to refuse cross-examination on the WeChat message as there was no evidence linking it to the complainant, and there was no basis for reminding the jury about the witness statement error. The grounds of appeal are dismissed, but a further ground may be considered if new evidence emerges regarding the WeChat account.

Citation
[2025] EWCA Crim 1066
Parties
Prosecution: Rex; Applicant: Feige Yu
Jurisdiction
England and Wales
Judgment Date
10 July 2025
Procedural Posture
Criminal Appeal / Application for Extension of Time and Leave to Appeal Against Conviction
Outcome
Application for extension of time and leave to appeal against conviction dismissed on current grounds; further ground of appeal to be drafted and considered if new evidence arises.
Legal Topics
Rape, Cross Examination, Witness Evidence, Sexual Offences (amendment) Act 1992, Appeal Procedure
Criminal Law Rape Cross Examination Witness Evidence Sexual Offences (amendment) Act 1992 Appeal Procedure

Case Brief

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Parties

Rex

Prosecution

Feige Yu

Applicant

Procedural Posture

Criminal Appeal / Application for Extension of Time and Leave to Appeal Against Conviction

Legal Issues

  1. 1 Whether the trial judge erred in preventing cross-examination of the complainant regarding a WeChat message allegedly demanding money to stop proceedings
  2. 2 Whether the judge erred in failing to remind the jury about a witness's correction of her statement regarding the date of the complaint

Ratio Decidendi

The judge was correct to refuse cross-examination on the WeChat message as there was no evidence linking it to the complainant, and there was no basis for reminding the jury about the witness statement error. The grounds of appeal are dismissed, but a further ground may be considered if new evidence emerges regarding the WeChat account.

Court Disposition

Application for extension of time and leave to appeal against conviction dismissed on current grounds; further ground of appeal to be drafted and considered if new evidence arises.

Orders

  • Mr Cadman to draft a new ground of appeal regarding the WeChat investigation by 1 pm.
  • Mr Rouch to respond within 21 days by way of Respondent's Notice.