JH, R v

JH, R v

The fresh expert evidence on childhood amnesia and the post-trial medical records, when considered with existing inconsistencies and the unusual coincidence of abuse by two unconnected men, could have affected the jury's assessment of the complainant's reliability. This creates real doubt about the safety of H's...

Source-derived case information.

Parties
Appellant: J. H.; Appellant: T. G. (Deceased); Respondent: Crown
Jurisdiction
England and Wales
Judgment Date
01 July 2005
Procedural Posture
Criminal Appeal / Appeal Against Conviction Referred by the Criminal Cases Review Commission
Outcome
H's convictions quashed and retrial ordered; G's appeal adjourned pending outcome of H's retrial
Legal Topics
Sexual Offences, Fresh Evidence, Expert Evidence, Child Witness Credibility, False Memory Syndrome, Appeal Procedure
Criminal Law Sexual Offences Fresh Evidence Expert Evidence Child Witness Credibility False Memory Syndrome Appeal Procedure

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Summary, issues, holding and outcome

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Parties

J. H.

Appellant

T. G. (Deceased)

Appellant

Crown

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Conviction Referred by the Criminal Cases Review Commission

Legal Issues

  1. 1 Whether fresh expert evidence on childhood memory and post-trial medical records render the convictions unsafe
  2. 2 Whether the convictions should be quashed and a retrial ordered
  3. 3 Admissibility and relevance of expert evidence on childhood amnesia

Ratio Decidendi

The fresh expert evidence on childhood amnesia and the post-trial medical records, when considered with existing inconsistencies and the unusual coincidence of abuse by two unconnected men, could have affected the jury's assessment of the complainant's reliability. This creates real doubt about the safety of H's convictions, warranting their quashing and a retrial.

Court Disposition

H's convictions quashed and retrial ordered; G's appeal adjourned pending outcome of H's retrial

Orders

  • Convictions of H on counts 1 to 5 and 7 quashed
  • Retrial of H ordered, subject to complainant's willingness and independent advice