R v Ibrar

R v Ibrar

The fresh evidence regarding the 2006 complaint is too vague and tenuous to undermine the credibility of the complainant or render the conviction unsafe. There is insufficient basis to conclude the exact reasoning behind the CPS decision in 2006, and the evidence may not have been admissible. The appeal is therefore dismissed.

Parties
Prosecutor: Regina; Appellant: Mohammed Ibrar
Jurisdiction
England and Wales
Judgment Date
03 April 2014
Procedural Posture
Criminal Appeal / Judgment on Appeal After Reference by Criminal Cases Review Commission
Outcome
appeal dismissed
Legal Topics
Indecent Assault, Fresh Evidence, Witness Credibility, Criminal Cases Review Commission Reference
Criminal Law Indecent Assault Fresh Evidence Witness Credibility Criminal Cases Review Commission Reference

Case Brief

Summary, issues, holding and outcome

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Parties

Regina

Prosecutor

Mohammed Ibrar

Appellant

Procedural Posture

Criminal Appeal / Judgment on Appeal After Reference by Criminal Cases Review Commission

Legal Issues

  1. 1 Whether fresh evidence regarding the complainant's credibility renders the conviction unsafe
  2. 2 Whether the 2006 allegation by the complainant is admissible and of sufficient probative value

Ratio Decidendi

The fresh evidence regarding the 2006 complaint is too vague and tenuous to undermine the credibility of the complainant or render the conviction unsafe. There is insufficient basis to conclude the exact reasoning behind the CPS decision in 2006, and the evidence may not have been admissible. The appeal is therefore dismissed.

Court Disposition

appeal dismissed

Orders

  • Appeal against conviction dismissed