Simpson, R. v [2010] EWCA Crim 2266 (23 September 2010)
The conviction was safe as the loss of evidence did not taint the reliability of the remaining evidence, and the complainant's prior conviction was irrelevant and inadmissible. The sentence, though severe, was not manifestly excessive or wrong in principle given the aggravating factors and the judge's assessment.
- Citation
- [2010] EWCA Crim 2266
- Parties
- Prosecution: Regina; Appellant: Paul Shane Simpson
- Jurisdiction
- England and Wales
- Judgment Date
- 23 September 2010
- Procedural Posture
- Criminal Appeal / Appeal Against Conviction and Sentence
- Outcome
- appeal dismissed
- Legal Topics
- Rape, Abuse of Process, Delay, Loss of Evidence, Bad Character Evidence, Sentencing
Case Brief
Summary, issues, holding and outcome
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Parties
Regina
Prosecution
Paul Shane Simpson
Appellant
Procedural Posture
Criminal Appeal / Appeal Against Conviction and Sentence
Legal Issues
- 1 Whether the conviction was unsafe due to delay and loss/destruction of evidence
- 2 Whether the complainant's prior conviction should have been admitted as bad character evidence
- 3 Whether the sentence imposed was manifestly excessive or wrong in principle
Ratio Decidendi
The conviction was safe as the loss of evidence did not taint the reliability of the remaining evidence, and the complainant's prior conviction was irrelevant and inadmissible. The sentence, though severe, was not manifestly excessive or wrong in principle given the aggravating factors and the judge's assessment.
Court Disposition
appeal dismissed
Orders
- Application for leave to appeal against conviction abandoned and refused
- Appeal against sentence dismissed
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