Davarifar v R

Davarifar v R

Even if the material relating to the complainant's previous allegation had been before the jury, there was no real prospect of the appellant's acquittal given the strength and consistency of the evidence against him.

Parties
Appellant: Jason Davarifar; Respondent: The Queen
Jurisdiction
England and Wales
Judgment Date
09 November 2009
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Conviction
Outcome
appeal dismissed
Legal Topics
Rape, Sexual Offences, Credibility of Complainant, Admissibility of Evidence, Cross Examination, False Allegations
Criminal Law Rape Sexual Offences Credibility of Complainant Admissibility of Evidence Cross Examination False Allegations

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Parties

Jason Davarifar

Appellant

The Queen

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Conviction

Legal Issues

  1. 1 Whether there was a proper evidential basis for alleging that the complainant's earlier allegation of sexual abuse was false
  2. 2 Whether the omitted evidence could reasonably have led to a different verdict

Ratio Decidendi

Even if the material relating to the complainant's previous allegation had been before the jury, there was no real prospect of the appellant's acquittal given the strength and consistency of the evidence against him.

Court Disposition

appeal dismissed