Bryan v R. [2009] EWCA Crim 2291 (10 November 2009)

Bryan v R. [2009] EWCA Crim 2291 (10 November 2009)

The fresh evidence obtained by the Criminal Cases Review Commission, specifically the confirmation that the complainant's father called the appellant's friend's phone number stored under the name 'Omar' on the complainant's mobile, proves the complainant and appellant were not strangers. This fatally undermines the prosecution's case and renders the conviction unsafe. The failure to investigate and disclose this evidence deprived the appellant of a fair trial.

Citation
[2009] EWCA Crim 2291
Parties
Appellant: Omar Bryan; Respondent: The Crown
Jurisdiction
England and Wales
Judgment Date
10 November 2009
Procedural Posture
Criminal Appeal / Appeal Against Conviction Referred by Criminal Cases Review Commission
Outcome
Conviction quashed; appeal allowed
Legal Topics
Rape, Unsafe Conviction, Fresh Evidence, Disclosure Obligations, Mental Vulnerability, Police Investigation Standards
Criminal Law Rape Unsafe Conviction Fresh Evidence Disclosure Obligations Mental Vulnerability Police Investigation Standards

Case Brief

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Parties

Omar Bryan

Appellant

The Crown

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Conviction Referred by Criminal Cases Review Commission

Legal Issues

  1. 1 Whether the conviction for rape was unsafe due to fresh evidence
  2. 2 Whether the complainant and appellant were strangers
  3. 3 Adequacy of police investigation and disclosure

Ratio Decidendi

The fresh evidence obtained by the Criminal Cases Review Commission, specifically the confirmation that the complainant's father called the appellant's friend's phone number stored under the name 'Omar' on the complainant's mobile, proves the complainant and appellant were not strangers. This fatally undermines the prosecution's case and renders the conviction unsafe. The failure to investigate and disclose this evidence deprived the appellant of a fair trial.

Court Disposition

Conviction quashed; appeal allowed

Orders

  • Immediate release of appellant
  • Verdict declared unsafe