K, R v [2002] EWCA Crim 2878 (11 December 2002)

K, R v [2002] EWCA Crim 2878 (11 December 2002)

The conviction is unsafe because undisclosed pre-trial material and fresh evidence would have significantly strengthened the defence case, undermined the credibility of key prosecution witnesses, and could have led the jury to a different verdict.

Citation
[2002] EWCA Crim 2878
Parties
Appellant: K; Respondent: R (Regina)
Jurisdiction
England and Wales
Judgment Date
11 December 2002
Procedural Posture
Criminal Appeal / Appeal Against Conviction Referred by Criminal Cases Review Commission
Outcome
appeal allowed; conviction quashed
Legal Topics
Rape, Sexual Offences Against Children, Disclosure of Evidence, Fresh Evidence, Jury Directions, Unsafe Conviction
Criminal Law Child Protection Rape Sexual Offences Against Children Disclosure of Evidence Fresh Evidence Jury Directions Unsafe Conviction

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Parties

K

Appellant

R (Regina)

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether non-disclosure of material evidence rendered the conviction unsafe
  2. 2 Whether fresh evidence undermined the reliability of key prosecution witnesses
  3. 3 Whether the trial judge's directions to the jury were adequate given the evidence

Ratio Decidendi

The conviction is unsafe because undisclosed pre-trial material and fresh evidence would have significantly strengthened the defence case, undermined the credibility of key prosecution witnesses, and could have led the jury to a different verdict.

Court Disposition

appeal allowed; conviction quashed

Orders

  • Conviction quashed