Anderson, R. v

Anderson, R. v

There was no valid explanation for the 16-year delay in appealing, the fresh evidence was inadmissible or of marginal value, the judge's directions at trial were appropriate and in accordance with the law at the time, and nothing advanced by the applicant undermined the safety of the conviction.

Parties
Prosecution: Regina; Applicant: Stephen Anderson
Jurisdiction
England and Wales
Judgment Date
20 July 2012
Procedural Posture
Criminal Appeal / Application for Extension of Time and Leave to Appeal Against Conviction
Outcome
applications refused
Legal Topics
Indecent Assault, Historic Sexual Offences, Fresh Evidence, Admissibility of Expert Evidence, Jury Directions, Delay in Appeal
Criminal Law Indecent Assault Historic Sexual Offences Fresh Evidence Admissibility of Expert Evidence Jury Directions Delay in Appeal

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Parties

Regina

Prosecution

Stephen Anderson

Applicant

Procedural Posture

Criminal Appeal / Application for Extension of Time and Leave to Appeal Against Conviction

Legal Issues

  1. 1 Whether there was a valid explanation for the 16-year delay in appealing the conviction
  2. 2 Whether fresh evidence from Professor Conway or the 1996 trial of Pope and Watts rendered the conviction unsafe
  3. 3 Whether the judge's summing-up at trial was inadequate or incorrect in light of subsequent evidence

Ratio Decidendi

There was no valid explanation for the 16-year delay in appealing, the fresh evidence was inadmissible or of marginal value, the judge's directions at trial were appropriate and in accordance with the law at the time, and nothing advanced by the applicant undermined the safety of the conviction.

Court Disposition

applications refused

Orders

  • Application for extension of time refused
  • Application for leave to appeal against conviction refused