R v ALD

R v ALD

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 of no case to answer. The proper assessment of the evidence, including credibility, was for the jury. The ruling was unreasonable and must be reversed.

Parties
Applicant: Rex; Respondent: ALD
Jurisdiction
England and Wales
Judgment Date
18 June 2024
Procedural Posture
Criminal Appeal / Judgment on Application for Leave to Appeal and Substantive Appeal Against Terminating Ruling
Outcome
Appeal allowed; terminating ruling reversed; new trial ordered.
Legal Topics
Rape, No Case to Answer Submission, Judicial Error, Jury Function, Sexual Offences Reporting Restrictions
Criminal Law Rape No Case to Answer Submission Judicial Error Jury Function Sexual Offences Reporting Restrictions

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 3 Authorities cited 6 Party arguments 2
Sign in to unlock

Parties

Rex

Applicant

ALD

Respondent

Procedural Posture

Criminal Appeal / Judgment on Application for Leave to Appeal and Substantive Appeal Against Terminating Ruling

Legal Issues

  1. 1 Whether the trial judge erred in granting a terminating ruling of no case to answer in a rape trial
  2. 2 Whether the judge improperly relied on extraneous matters and her own experience rather than the evidence
  3. 3 Whether the judge improperly assessed the credibility of the complainant

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 of no case to answer. The proper assessment of the evidence, including credibility, was for the jury. The ruling was unreasonable and must be reversed.

Court Disposition

Appeal allowed; terminating ruling reversed; new trial ordered.

Orders

  • Leave to appeal granted
  • Terminating ruling set aside