Campbell, R. v [2024] EWCA Crim 159 (07 February 2024)

Campbell, R. v [2024] EWCA Crim 159 (07 February 2024)

The fresh evidence (email) did not undermine the safety of the conviction, as the complainant reaffirmed her trial evidence in a subsequent police statement and explained the circumstances of the email. The applicant's evidence regarding previous sexual history was in fact adduced at trial. No arguable ground of appeal was established.

Citation
[2024] EWCA Crim 159
Parties
Prosecution: Rex; Applicant: Jordan Thomas Campbell
Jurisdiction
England and Wales
Judgment Date
07 February 2024
Procedural Posture
Criminal Appeal / Renewed Application for Permission to Appeal Against Conviction
Outcome
application refused
Legal Topics
Rape, Strangulation, Fresh Evidence, Cross Examination of Complainant, Sexual History Evidence, Appeal Procedure
Criminal Law Rape Strangulation Fresh Evidence Cross Examination of Complainant Sexual History Evidence Appeal Procedure

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Parties

Rex

Prosecution

Jordan Thomas Campbell

Applicant

Procedural Posture

Criminal Appeal / Renewed Application for Permission to Appeal Against Conviction

Legal Issues

  1. 1 Whether fresh evidence (email from complainant) renders conviction unsafe
  2. 2 Whether exclusion of previous sexual history evidence under section 41 Youth Justice and Criminal Evidence Act 1999 was correct

Ratio Decidendi

The fresh evidence (email) did not undermine the safety of the conviction, as the complainant reaffirmed her trial evidence in a subsequent police statement and explained the circumstances of the email. The applicant's evidence regarding previous sexual history was in fact adduced at trial. No arguable ground of appeal was established.

Court Disposition

application refused

Orders

  • Renewed application for permission to appeal against conviction refused
  • All applications sought refused