Warren, R v

Warren, R v

The conviction was unsafe due to fresh evidence undermining the complainant's credibility and material nondisclosure by the Crown, which could have affected the jury's verdict.

Parties
Prosecutor: Regina; Appellant: Leslie Gordon Warren
Jurisdiction
England and Wales
Judgment Date
01 March 2005
Procedural Posture
Criminal Appeal / Judgment on Appeal Following Criminal Cases Review Commission Reference
Outcome
appeal allowed, conviction quashed, no retrial sought
Legal Topics
Rape, Fresh Evidence, Disclosure, Credibility of Witness, Miscarriage of Justice
Criminal Law Rape Fresh Evidence Disclosure Credibility of Witness Miscarriage of Justice

Case Brief

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Parties

Regina

Prosecutor

Leslie Gordon Warren

Appellant

Procedural Posture

Criminal Appeal / Judgment on Appeal Following Criminal Cases Review Commission Reference

Legal Issues

  1. 1 Whether fresh evidence undermines the credibility of the complainant and renders the conviction unsafe
  2. 2 Whether nondisclosure by the Crown affected the fairness of the trial
  3. 3 Whether cross-examination about previous false allegations should have been permitted

Ratio Decidendi

The conviction was unsafe due to fresh evidence undermining the complainant's credibility and material nondisclosure by the Crown, which could have affected the jury's verdict.

Court Disposition

appeal allowed, conviction quashed, no retrial sought

Orders

  • conviction quashed
  • defence costs order granted up to grant of legal aid