Aslam, R v

Aslam, R v

The fresh evidence, including documentary and witness testimony, proved that the complainant's mother and sister lived at the matrimonial home during the indictment period, and that the complainant admitted to fabricating her allegations. This undermined the credibility of the complainant and rendered the conviction unsafe.

Parties
Respondent: R; Appellant: Nadeem Aslam
Jurisdiction
England and Wales
Judgment Date
03 July 2014
Procedural Posture
Criminal Appeal / Appeal Against Conviction
Outcome
Appeal allowed; conviction quashed
Legal Topics
Rape, Fresh Evidence, Appeal Procedure, Credibility of Witnesses
Criminal Law Rape Fresh Evidence Appeal Procedure Credibility of Witnesses

Case Brief

Summary, issues, holding and outcome

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Parties

R

Respondent

Nadeem Aslam

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Conviction

Legal Issues

  1. 1 Whether fresh evidence renders the conviction unsafe
  2. 2 Whether the complainant's mother and sister lived at the matrimonial home during the indictment period
  3. 3 Whether the complainant admitted to fabricating her allegations

Ratio Decidendi

The fresh evidence, including documentary and witness testimony, proved that the complainant's mother and sister lived at the matrimonial home during the indictment period, and that the complainant admitted to fabricating her allegations. This undermined the credibility of the complainant and rendered the conviction unsafe.

Court Disposition

Appeal allowed; conviction quashed

Orders

  • The appellant's conviction is quashed.