Brown, R v

Brown, R v

The conviction is unsafe because the fresh medical evidence demonstrates that the medical findings relied upon at trial were oversimplified and are now capable of a number of explanations, undermining one of the main pillars of the prosecution case. The evidence of Dr San Lazaro, later discredited, also formed a significant part of the prosecution case. The jury, if presented with the full range of medical opinion, would have had serious doubts about the cause of the injury and the reliability of the evidence.

Parties
Prosecutor: R; Appellant: Kevin John Brown
Jurisdiction
England and Wales
Judgment Date
22 January 2004
Procedural Posture
Criminal Appeal / Appeal Against Conviction After Referral by the Criminal Cases Review Commission
Outcome
appeal allowed, conviction quashed
Legal Topics
Rape, Fresh Evidence, Unsafe Conviction, Expert Evidence, Sexual Offences, Child Abuse
Criminal Law Rape Fresh Evidence Unsafe Conviction Expert Evidence Sexual Offences Child Abuse

Case Brief

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Parties

R

Prosecutor

Kevin John Brown

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Conviction After Referral by the Criminal Cases Review Commission

Legal Issues

  1. 1 Whether fresh medical and expert evidence undermines the safety of the conviction for rape
  2. 2 Whether the evidence of the main prosecution witness was reliable given her state at the time of the incident
  3. 3 Whether the medical findings were consistent with sexual abuse or had alternative explanations

Ratio Decidendi

The conviction is unsafe because the fresh medical evidence demonstrates that the medical findings relied upon at trial were oversimplified and are now capable of a number of explanations, undermining one of the main pillars of the prosecution case. The evidence of Dr San Lazaro, later discredited, also formed a significant part of the prosecution case. The jury, if presented with the full range of medical opinion, would have had serious doubts about the cause of the injury and the reliability of the evidence.

Court Disposition

appeal allowed, conviction quashed

Orders

  • Conviction quashed. No retrial ordered as sentence served.