Coates, R v Rev 1 [2007] EWCA Crim 1471 (22 June 2007)

Coates, R v Rev 1 [2007] EWCA Crim 1471 (22 June 2007)

The conviction is unsafe because it was based on a statement disavowed by the complainant, whose oral testimony and post-therapy evidence were found unreliable. The directions to the Board were insufficient given the unusual circumstances, and overall fairness required exclusion of the first statement as a basis for conviction.

Citation
[2007] EWCA Crim 1471
Parties
Prosecution: R; Appellant: Phillip Coates
Jurisdiction
England and Wales
Judgment Date
22 June 2007
Procedural Posture
Criminal Appeal / Appeal Against Conviction
Outcome
conviction quashed
Legal Topics
Rape, Admissibility of Evidence, Fair Trial, Abuse of Process, Memory Reliability, Expert Evidence
Criminal Law Military Law Rape Admissibility of Evidence Fair Trial Abuse of Process Memory Reliability Expert Evidence

Case Brief

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Parties

R

Prosecution

Phillip Coates

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Conviction

Legal Issues

  1. 1 Whether conviction for rape based on complainant's first statement is safe when complainant disavowed it in oral testimony
  2. 2 Admissibility and reliability of complainant's statements post-therapy
  3. 3 Impact of section 119 and 120 Criminal Justice Act 2003 and section 78 Police and Criminal Evidence Act 1984 on evidence

Ratio Decidendi

The conviction is unsafe because it was based on a statement disavowed by the complainant, whose oral testimony and post-therapy evidence were found unreliable. The directions to the Board were insufficient given the unusual circumstances, and overall fairness required exclusion of the first statement as a basis for conviction.

Court Disposition

conviction quashed

Orders

  • conviction for rape quashed