Courtney-Kasher, R. v [2024] EWCA Crim 256 (16 February 2024)

Courtney-Kasher, R. v [2024] EWCA Crim 256 (16 February 2024)

The late disclosure of evidence did not cause unfairness or prejudice to the applicant, as the evidence was admitted as agreed facts and the defence had the opportunity to address it. The defence was on notice regarding the police's approach to neighbours. Alleged inconsistencies and investigative deficiencies were...

Source-derived case information.

Citation
[2024] EWCA Crim 256
Parties
Prosecution: Rex; Applicant/defendant: Adam Courtney-Kasher; Respondent's Advocate: Mr G. Gatland
Jurisdiction
England and Wales
Judgment Date
16 February 2024
Procedural Posture
Criminal Appeal / Renewed Application for Leave to Appeal Conviction After Refusal by Single Judge
Outcome
leave to appeal refused
Legal Topics
Sexual Offences, Indecency With a Child, Rape, Appeals Against Conviction, Disclosure Obligations, Jury Directions
Criminal Law Sexual Offences Indecency With a Child Rape Appeals Against Conviction Disclosure Obligations Jury Directions

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Parties

Rex

Prosecution

Adam Courtney-Kasher

Applicant/defendant

Mr G. Gatland

Respondent's Advocate

Procedural Posture

Criminal Appeal / Renewed Application for Leave to Appeal Conviction After Refusal by Single Judge

Legal Issues

  1. 1 Whether late disclosure of evidence rendered the conviction unsafe
  2. 2 Whether alleged deficiencies in police investigation rendered the conviction unsafe
  3. 3 Whether inconsistencies in evidence undermined the safety of the conviction

Ratio Decidendi

The late disclosure of evidence did not cause unfairness or prejudice to the applicant, as the evidence was admitted as agreed facts and the defence had the opportunity to address it. The defence was on notice regarding the police's approach to neighbours. Alleged inconsistencies and investigative deficiencies were matters for the jury, which was properly directed. None of the grounds raised, whether by counsel or the applicant, rendered the conviction unsafe.

Court Disposition

leave to appeal refused

Orders

  • leave to appeal conviction refused
  • leave to amend notice of appeal refused