R v Nasser Ahmed Nawaz

R v Nasser Ahmed Nawaz

The directions given to the jury on the assessment of the complainant's evidence, including memory and delay, were fair and sufficient. There was no requirement to adopt civil practice directions or the Gestmin guidance in this criminal context. The proposed ground of appeal had no real prospect of success.

Parties
Prosecution: Rex; Applicant: Nasser Ahmed Nawaz
Jurisdiction
England and Wales
Judgment Date
14 May 2025
Procedural Posture
Criminal Appeal / Renewed Application for Leave to Appeal Against Conviction
Outcome
application for leave to appeal against conviction refused
Legal Topics
Rape, Jury Directions, Fallibility of Memory, Sexual Offences, Appeals Procedure
Criminal Law Rape Jury Directions Fallibility of Memory Sexual Offences Appeals Procedure

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

Rex

Prosecution

Nasser Ahmed Nawaz

Applicant

Procedural Posture

Criminal Appeal / Renewed Application for Leave to Appeal Against Conviction

Legal Issues

  1. 1 Whether the trial judge erred by refusing to give a specific direction to the jury on the fallibility of human memory as set out in civil practice directions and Gestmin v Credit Suisse.
  2. 2 Whether the directions given to the jury on assessing the complainant's evidence were fair and sufficient.

Ratio Decidendi

The directions given to the jury on the assessment of the complainant's evidence, including memory and delay, were fair and sufficient. There was no requirement to adopt civil practice directions or the Gestmin guidance in this criminal context. The proposed ground of appeal had no real prospect of success.

Court Disposition

application for leave to appeal against conviction refused