ME, R v [2019] EWCA Crim 1353 (23 July 2019)

ME, R v [2019] EWCA Crim 1353 (23 July 2019)

The application for further disclosure is refused because the applicant has provided no specific or credible basis to believe that additional material exists on his mobile phone that was not already disclosed before trial. The application is speculative, and the principles in Nunn dictate that post-conviction disclosure will only be ordered where a good reason is demonstrated, which is absent here.

Citation
[2019] EWCA Crim 1353
Parties
Applicant: M. E.; Respondent: Regina (The Crown)
Jurisdiction
England and Wales
Judgment Date
23 July 2019
Procedural Posture
Criminal Appeal / Application for Disclosure in Support of Appeal Against Conviction; Directions Hearing
Outcome
Application for further disclosure refused; directions given for future conduct of appeal.
Legal Topics
Rape, Disclosure, Appeal Procedure, Sexual Offences, Evidence
Criminal Law Criminal Procedure Rape Disclosure Appeal Procedure Sexual Offences Evidence

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Parties

M. E.

Applicant

Regina (The Crown)

Respondent

Procedural Posture

Criminal Appeal / Application for Disclosure in Support of Appeal Against Conviction; Directions Hearing

Legal Issues

  1. 1 Whether further disclosure of the applicant's mobile phone data is warranted post-conviction to support an appeal against conviction for rape
  2. 2 Whether the prosecution fulfilled its disclosure obligations at trial
  3. 3 Whether there is a sufficient basis to order a fresh download or examination of the applicant's mobile phone

Ratio Decidendi

The application for further disclosure is refused because the applicant has provided no specific or credible basis to believe that additional material exists on his mobile phone that was not already disclosed before trial. The application is speculative, and the principles in Nunn dictate that post-conviction disclosure will only be ordered where a good reason is demonstrated, which is absent here.

Court Disposition

Application for further disclosure refused; directions given for future conduct of appeal.

Orders

  • Application for disclosure of applicant's mobile phone and raw data refused.
  • Applicant to give notice of abandonment or lodge draft amended grounds of appeal by 13 August.