Ghahi, R v

Ghahi, R v

The combined effect of the alleged irregularities did not render the conviction unsafe; the trial judge properly exercised discretion regarding evidentiary matters and any prejudice was adequately addressed.

Parties
Applicant: Moshen Mokhtazadeh Ghahi; Respondent: Regina (The Crown)
Jurisdiction
England and Wales
Judgment Date
14 December 2005
Procedural Posture
Criminal Appeal / Renewed Application for Leave to Appeal Conviction
Outcome
Renewed application for leave to appeal conviction refused
Legal Topics
Rape, Appeal, Evidentiary Issues, Cross Examination, Abuse of Process
Criminal Law Rape Appeal Evidentiary Issues Cross Examination Abuse of Process

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Parties

Moshen Mokhtazadeh Ghahi

Applicant

Regina (The Crown)

Respondent

Procedural Posture

Criminal Appeal / Renewed Application for Leave to Appeal Conviction

Legal Issues

  1. 1 Whether the conviction for rape was unsafe due to evidentiary and procedural irregularities
  2. 2 Whether the loss of CCTV tapes and absence of mobile phone records rendered the trial unfair
  3. 3 Whether cross-examination on certain topics was improper or prejudicial

Ratio Decidendi

The combined effect of the alleged irregularities did not render the conviction unsafe; the trial judge properly exercised discretion regarding evidentiary matters and any prejudice was adequately addressed.

Court Disposition

Renewed application for leave to appeal conviction refused

Orders

  • Application for leave to appeal conviction is refused