Colwill, R. v [2002] EWCA Crim 1320 (31st May 2002)

The undisclosed material regarding the complainant's prior complaints and the adverse opinions of Goldsworthy and Nash was collateral and inadmissible. Even if disclosed, it would not have been placed before the jury except as a suggestion in cross-examination, which would have been denied. The evidence did not undermine the verdict, which was strongly supported by medical evidence and the complainant's immediate distress.

Citation: [2002] EWCA Crim 1320
Parties: Respondent: Regina; Appellant: Jamie Lee Colwill
Jurisdiction: England and Wales
Procedural Posture: Criminal Appeal / Court of Appeal (criminal Division) Appeal Against Conviction
Outcome: appeal dismissed
Legal Topics: Rape, Indecent Assault, Disclosure Obligations, Admissibility of Evidence, Collateral Evidence, Witness Credibility

Criminal Law Rape Indecent Assault Disclosure Obligations Admissibility of Evidence Collateral Evidence Witness Credibility

Case Brief

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Parties

Regina

Respondent

Jamie Lee Colwill

Appellant

Procedural Posture

Criminal Appeal / Court of Appeal (criminal Division) Appeal Against Conviction

Legal Issues

1 Whether the conviction is unsafe due to prosecution's failure to disclose material relating to the complainant's prior complaints to police and the adverse opinions of witnesses regarding her credibility.
2 Whether evidence from Goldsworthy and Nash regarding the complainant's creditworthiness was admissible.

Ratio Decidendi

Court Disposition

appeal dismissed