Carroll, R. v [2019] EWCA Crim 1396 (31 July 2019)

Carroll, R. v [2019] EWCA Crim 1396 (31 July 2019)

The fresh evidence relied upon by the applicant is not capable of belief in the sense required by s.23(2) of the Criminal Appeal Act 1968, is largely hearsay, relates to incidents remote in time from the conviction, and does not provide a proper ground for allowing the appeal or render the conviction unsafe. There is no admission or finding that the complainant fabricated allegations, and the evidence would not have been admissible at trial.

Citation
[2019] EWCA Crim 1396
Parties
Respondent: Regina; Appellant: Richard Carroll
Jurisdiction
England and Wales
Judgment Date
31 July 2019
Procedural Posture
Criminal Appeal / Application for Leave to Appeal Against Conviction and to Adduce Fresh Evidence
Outcome
Application for leave to appeal and to adduce fresh evidence refused; application dismissed.
Legal Topics
Racially Aggravated Harassment, Fresh Evidence on Appeal, Credibility of Witnesses, Bad Character Evidence, Extension of Time
Criminal Law Racially Aggravated Harassment Fresh Evidence on Appeal Credibility of Witnesses Bad Character Evidence Extension of Time

Case Brief

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Parties

Regina

Respondent

Richard Carroll

Appellant

Procedural Posture

Criminal Appeal / Application for Leave to Appeal Against Conviction and to Adduce Fresh Evidence

Legal Issues

  1. 1 Whether fresh evidence demonstrates a propensity of the complainant to make untrue allegations
  2. 2 Whether the fresh evidence is admissible and capable of belief under s.23(2) Criminal Appeal Act 1968
  3. 3 Whether the conviction is unsafe in light of the fresh evidence

Ratio Decidendi

The fresh evidence relied upon by the applicant is not capable of belief in the sense required by s.23(2) of the Criminal Appeal Act 1968, is largely hearsay, relates to incidents remote in time from the conviction, and does not provide a proper ground for allowing the appeal or render the conviction unsafe. There is no admission or finding that the complainant fabricated allegations, and the evidence would not have been admissible at trial.

Court Disposition

Application for leave to appeal and to adduce fresh evidence refused; application dismissed.