R v MAK

R v MAK

The conviction was safe as the alleged errors in the ABE interview and presence of the social worker were standard and appropriate, the fresh evidence from family members lacked probative value and was available at trial, and the complainant confirmed the truth of her allegations. The sentence was correct in principle and not manifestly excessive, with mitigation properly considered.

Parties
Prosecution: Rex; Applicant: MAK
Jurisdiction
England and Wales
Judgment Date
09 March 2025
Procedural Posture
Criminal Appeal / Judgment on Renewed Application for Leave to Appeal Conviction and Sentence
Outcome
renewed applications for leave to appeal conviction and sentence refused
Legal Topics
Sexual Offences, Appeals, Fresh Evidence, Sentencing
Criminal Law Sexual Offences Appeals Fresh Evidence Sentencing

Case Brief

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Parties

Rex

Prosecution

MAK

Applicant

Procedural Posture

Criminal Appeal / Judgment on Renewed Application for Leave to Appeal Conviction and Sentence

Legal Issues

  1. 1 whether conviction was unsafe due to alleged errors in ABE interview editing and presence of social worker
  2. 2 whether fresh evidence from family members should be admitted
  3. 3 whether complainant retracted allegations

Ratio Decidendi

The conviction was safe as the alleged errors in the ABE interview and presence of the social worker were standard and appropriate, the fresh evidence from family members lacked probative value and was available at trial, and the complainant confirmed the truth of her allegations. The sentence was correct in principle and not manifestly excessive, with mitigation properly considered.

Court Disposition

renewed applications for leave to appeal conviction and sentence refused

Orders

  • application for extension of time refused
  • application to adduce fresh evidence refused