Director of Public Prosecutions, R (on the application of) v Kipling

Director of Public Prosecutions, R (on the application of) v Kipling

If the court is satisfied beyond reasonable doubt as to the identification of the accused as the perpetrator, the prosecution has necessarily discharged the burden of disproving the alibi, and the case is proved.

Parties
Claimant: Director of Public Prosecutions; Defendant: Kipling
Jurisdiction
England and Wales
Judgment Date
25 April 2005
Procedural Posture
Criminal Appeal (case Stated) / Appeal From Youth Court to High Court
Outcome
appeal allowed; matter remitted with direction to convict
Legal Topics
Indecent Assault, Identification Evidence, Alibi, Burden of Proof
Criminal Law Indecent Assault Identification Evidence Alibi Burden of Proof

Case Brief

Summary, issues, holding and outcome

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Parties

Director of Public Prosecutions

Claimant

Kipling

Defendant

Procedural Posture

Criminal Appeal (case Stated) / Appeal From Youth Court to High Court

Legal Issues

  1. 1 Whether the Justices erred in law by dismissing the charge after believing the prosecution's identification evidence but finding the alibi unrebutted
  2. 2 Whether the prosecution must specifically rebut credible alibi evidence when identification is otherwise believed beyond reasonable doubt

Ratio Decidendi

If the court is satisfied beyond reasonable doubt as to the identification of the accused as the perpetrator, the prosecution has necessarily discharged the burden of disproving the alibi, and the case is proved.

Court Disposition

appeal allowed; matter remitted with direction to convict

Orders

  • Appeal allowed
  • Matter remitted to Justices with a direction to convict