ALD, R. v [2023] EWCA Crim 967 (27 July 2023)

ALD, R. v [2023] EWCA Crim 967 (27 July 2023)

The trial judge erred in law by relying on extraneous matters, including her own experience and the respondent's self-serving statement, in granting a terminating ruling. The assessment of the complainant's evidence and credibility was for the jury, not the judge. The ruling was unreasonable and must be reversed.

Citation
[2023] EWCA Crim 967
Parties
Applicant: Rex; Respondent: ALD
Jurisdiction
England and Wales
Judgment Date
27 July 2023
Procedural Posture
Criminal Appeal / Appeal Against Terminating Ruling; Application for Leave to Appeal
Outcome
Appeal allowed; terminating ruling reversed; fresh trial ordered.
Legal Topics
Rape, Submission of No Case to Answer, Judicial Error, Jury Function, Credibility Assessment
Criminal Law Rape Submission of No Case to Answer Judicial Error Jury Function Credibility Assessment

Case Brief

Summary, issues, holding and outcome

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Parties

Rex

Applicant

ALD

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Terminating Ruling; Application for Leave to Appeal

Legal Issues

  1. 1 Whether the trial judge erred in granting a terminating ruling on the basis of the complainant's evidence being 'out of all reason'
  2. 2 Whether the judge improperly relied on extraneous matters and her own experience in assessing credibility
  3. 3 Whether the judge improperly took into account a self-serving statement by the respondent in a submission of no case to answer

Ratio Decidendi

The trial judge erred in law by relying on extraneous matters, including her own experience and the respondent's self-serving statement, in granting a terminating ruling. The assessment of the complainant's evidence and credibility was for the jury, not the judge. The ruling was unreasonable and must be reversed.

Court Disposition

Appeal allowed; terminating ruling reversed; fresh trial ordered.

Orders

  • Leave to appeal granted.
  • Terminating ruling reversed.