Parker, R v [2002] EWCA Crim 2780 (03 December 2002)

Parker, R v [2002] EWCA Crim 2780 (03 December 2002)

The fresh evidence relating to the complainant's credibility, including the allegation against 'Roger' and post-conviction behaviour, was either prompted, unreliable, or irrelevant to the period of the offences. The trial counsel's decision not to call certain witnesses was reasonable given the risk of prejudicial evidence being admitted. The new evidence did not undermine the safety of the conviction, and the appeal was dismissed.

Citation
[2002] EWCA Crim 2780
Parties
Respondent: R; Appellant: Parker
Jurisdiction
England and Wales
Judgment Date
03 December 2002
Procedural Posture
Criminal Appeal / Appeal Against Conviction After Trial
Outcome
Appeal dismissed
Legal Topics
Rape, Incest, Indecent Assault, Fresh Evidence on Appeal, Credibility of Witnesses
Criminal Law Rape Incest Indecent Assault Fresh Evidence on Appeal Credibility of Witnesses

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 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

R

Respondent

Parker

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Conviction After Trial

Legal Issues

  1. 1 Whether fresh evidence post-conviction undermines the safety of the appellant's conviction for rape
  2. 2 Whether the trial counsel's decision not to call certain witnesses was justified
  3. 3 Whether the complainant's credibility is sufficiently undermined by new evidence

Ratio Decidendi

The fresh evidence relating to the complainant's credibility, including the allegation against 'Roger' and post-conviction behaviour, was either prompted, unreliable, or irrelevant to the period of the offences. The trial counsel's decision not to call certain witnesses was reasonable given the risk of prejudicial evidence being admitted. The new evidence did not undermine the safety of the conviction, and the appeal was dismissed.

Court Disposition

Appeal dismissed

Orders

  • Conviction upheld
  • No order as to retrial or sentence alteration