R v Robert Rhodes
R's new evidence is compelling within the meaning of section 78 of the Criminal Justice Act 2003, and the trial process provides sufficient protections to ensure a fair trial is likely. The acquittal is quashed and a retrial ordered.
- Parties
- Applicant: Rex; Respondent: Robert Rhodes
- Jurisdiction
- England and Wales
- Judgment Date
- 02 September 2026
- Procedural Posture
- Criminal Appeal / Application to Quash Acquittal and Order Retrial
- Outcome
- Acquittal quashed; retrial ordered.
- Legal Topics
- Quashing Acquittals, Retrial, New and Compelling Evidence, Interests of Justice, Murder
Case Brief
Summary, issues, holding and outcome
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Parties
Rex
Applicant
Robert Rhodes
Respondent
Procedural Posture
Criminal Appeal / Application to Quash Acquittal and Order Retrial
Legal Issues
- 1 Whether new evidence provided by R is reliable and compelling under section 78 of the Criminal Justice Act 2003
- 2 Whether it is in the interests of justice to quash the acquittal and order a retrial under section 79 of the Criminal Justice Act 2003
Ratio Decidendi
R's new evidence is compelling within the meaning of section 78 of the Criminal Justice Act 2003, and the trial process provides sufficient protections to ensure a fair trial is likely. The acquittal is quashed and a retrial ordered.
Court Disposition
Acquittal quashed; retrial ordered.
Orders
- Retrial of RHODES on indictment containing five counts including murder ordered.
- RHODES to be arraigned within two months of hearing.
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