R v Frazer Giscombe

R v Frazer Giscombe

The conviction is not unsafe solely because C2 gave unsworn evidence; section 56(5) applies even where the court did not make an order under section 55(2). There was ample corroborative evidence supporting the conviction, and the trial judge's approach to recalling and swearing C2 did not cause unfairness to the applicant.

Parties
Applicant: Frazer Giscombe; Respondent: Rex
Jurisdiction
England and Wales
Judgment Date
19 February 2026
Procedural Posture
Criminal Appeal / Application for Leave to Appeal Against Conviction, Full Court Hearing
Outcome
Appeal dismissed; conviction upheld
Legal Topics
Sexual Offences, Sworn and Unsworn Evidence, Youth Justice and Criminal Evidence Act 1999, Appeal Procedure
Criminal Law Sexual Offences Sworn and Unsworn Evidence Youth Justice and Criminal Evidence Act 1999 Appeal Procedure

Case Brief

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Parties

Frazer Giscombe

Applicant

Rex

Respondent

Procedural Posture

Criminal Appeal / Application for Leave to Appeal Against Conviction, Full Court Hearing

Legal Issues

  1. 1 Whether conviction is unsafe due to complainant giving unsworn evidence at trial
  2. 2 Applicability and interpretation of section 56(5) of the Youth Justice and Criminal Evidence Act 1999

Ratio Decidendi

The conviction is not unsafe solely because C2 gave unsworn evidence; section 56(5) applies even where the court did not make an order under section 55(2). There was ample corroborative evidence supporting the conviction, and the trial judge's approach to recalling and swearing C2 did not cause unfairness to the applicant.

Court Disposition

Appeal dismissed; conviction upheld

Orders

  • Leave to appeal against conviction granted
  • Appeal against conviction dismissed