R v Parrie Jacob
The fresh evidence of Mr Parara was credible, potentially supportive of the defence, and could have affected the jury's verdict. Its absence at trial was reasonably explained. The evidence raised doubt as to the safety of the conviction, which was therefore quashed. A retrial was ordered in the interests of justice.
- Parties
- Respondent: The King; Applicant: Parrie Jacob
- Jurisdiction
- England and Wales
- Judgment Date
- 11 October 2024
- Procedural Posture
- Criminal Appeal / Appeal Against Conviction; Application to Adduce Fresh Evidence
- Outcome
- Appeal allowed; conviction quashed; retrial ordered
- Legal Topics
- Rape, Fresh Evidence, Appeal Against Conviction, Retrial, Section 23 Criminal Appeal Act 1968
Case Brief
Summary, issues, holding and outcome
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Parties
The King
Respondent
Parrie Jacob
Applicant
Procedural Posture
Criminal Appeal / Appeal Against Conviction; Application to Adduce Fresh Evidence
Legal Issues
- 1 Whether fresh evidence should be admitted on appeal
- 2 Whether the conviction is unsafe in light of fresh evidence
- 3 Whether a retrial should be ordered
Ratio Decidendi
The fresh evidence of Mr Parara was credible, potentially supportive of the defence, and could have affected the jury's verdict. Its absence at trial was reasonably explained. The evidence raised doubt as to the safety of the conviction, which was therefore quashed. A retrial was ordered in the interests of justice.
Court Disposition
Appeal allowed; conviction quashed; retrial ordered
Orders
- Conviction quashed
- Retrial ordered pursuant to section 7(1) Criminal Appeal Act 1968
Full Case Text
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