Chuhan, R. v

Chuhan, R. v

The fresh evidence does not render the conviction unsafe as it is primarily motivated by personal hostility, lacks intrinsic probative value, was available prior to trial without credible explanation for its omission, and risks opening up inadmissible collateral issues; the complainant's credibility was thoroughly tested at trial.

Parties
Respondent: Crown; Appellant: Mohammed Najeeb Chuhan
Jurisdiction
England and Wales
Judgment Date
19 June 2017
Procedural Posture
Criminal Appeal / Application for Leave to Appeal Out of Time and to Adduce Fresh Evidence
Outcome
application refused
Legal Topics
Rape, Sexual Offences, Fresh Evidence, Unsafe Conviction, Credibility
Criminal Law Rape Sexual Offences Fresh Evidence Unsafe Conviction Credibility

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 4 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Crown

Respondent

Mohammed Najeeb Chuhan

Appellant

Procedural Posture

Criminal Appeal / Application for Leave to Appeal Out of Time and to Adduce Fresh Evidence

Legal Issues

  1. 1 Whether fresh evidence renders the conviction unsafe
  2. 2 Admissibility and probative value of new evidence
  3. 3 Credibility of complainant and witnesses

Ratio Decidendi

The fresh evidence does not render the conviction unsafe as it is primarily motivated by personal hostility, lacks intrinsic probative value, was available prior to trial without credible explanation for its omission, and risks opening up inadmissible collateral issues; the complainant's credibility was thoroughly tested at trial.

Court Disposition

application refused

Orders

  • conviction stands
  • leave to appeal out of time and to adduce fresh evidence refused