Bryan v R.

Bryan v R.

The fresh evidence obtained by the Criminal Cases Review Commission, specifically the confirmation that the complainant's father's phone call was made to the appellant's friend's number stored under the name 'Omar' on the complainant's mobile, proved prior contact between the complainant and appellant. This destroyed the prosecution's case that the complainant was raped by a stranger and rendered the conviction unsafe.

Parties
Appellant: Omar Bryan; Respondent: The Crown
Jurisdiction
England and Wales
Judgment Date
10 November 2009
Procedural Posture
Criminal Appeal / Appeal Against Conviction, Post CCRC Reference
Outcome
appeal allowed, conviction quashed
Legal Topics
Rape, Unsafe Conviction, Fresh Evidence, Criminal Procedure, Evidence, Police Investigation, Defence Statements
Criminal Law Rape Unsafe Conviction Fresh Evidence Criminal Procedure Evidence Police Investigation Defence Statements

Case Brief

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Parties

Omar Bryan

Appellant

The Crown

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Conviction, Post CCRC Reference

Legal Issues

  1. 1 Whether the conviction for rape was unsafe due to fresh evidence obtained by the Criminal Cases Review Commission
  2. 2 Whether the complainant and appellant were strangers as alleged by the prosecution
  3. 3 Whether the police investigation and disclosure were adequate

Ratio Decidendi

The fresh evidence obtained by the Criminal Cases Review Commission, specifically the confirmation that the complainant's father's phone call was made to the appellant's friend's number stored under the name 'Omar' on the complainant's mobile, proved prior contact between the complainant and appellant. This destroyed the prosecution's case that the complainant was raped by a stranger and rendered the conviction unsafe.

Court Disposition

appeal allowed, conviction quashed

Orders

  • Immediate release of the appellant
  • Verdict quashed due to unsafe conviction