SB, R v

SB, R v

The court found the retraction statement demonstrably unreliable, preferring the original trial evidence, which was detailed, consistent, and accepted by the jury. The court concluded that the convictions were safe and dismissed the appeal.

Source-derived case information.

Parties
Respondent: R; Appellant: SB
Jurisdiction
England and Wales
Judgment Date
03 April 2019
Procedural Posture
Criminal Appeal / Appeal Against Conviction After Trial and Sentence
Outcome
Appeal dismissed; convictions upheld
Legal Topics
Appeal Against Conviction, Fresh Evidence, Retraction of Witness Statement, Sexual Offences Against Children
Criminal Law Appeal Against Conviction Fresh Evidence Retraction of Witness Statement Sexual Offences Against Children

Source-derived case record

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 3 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

R

Respondent

SB

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Conviction After Trial and Sentence

Legal Issues

  1. 1 Whether the conviction is safe in light of the complainant's post-trial retraction statement
  2. 2 Whether the retraction statement constitutes reliable fresh evidence under s.23 Criminal Appeal Act 1968

Ratio Decidendi

The court found the retraction statement demonstrably unreliable, preferring the original trial evidence, which was detailed, consistent, and accepted by the jury. The court concluded that the convictions were safe and dismissed the appeal.

Court Disposition

Appeal dismissed; convictions upheld