T, R. v

T, R. v

The fresh expert evidence admitted does not undermine the safety of the conviction, as it does not affect the credibility of the complainant whose evidence was consistent and reliable; the original defence team acted properly and criticism is unjustified; evidence regarding the complainant's brother is irrelevant to the safety of the verdict.

Parties
Applicant: T; Respondent: Regina
Jurisdiction
England and Wales
Judgment Date
17 October 2008
Procedural Posture
Criminal Appeal / Judgment on Application for Leave to Appeal and Appeal
Outcome
leave to appeal granted; appeal dismissed
Legal Topics
Rape, Indecent Assault, Fresh Evidence, Expert Medical Evidence, Safety of Conviction, Appeal Procedure
Criminal Law Rape Indecent Assault Fresh Evidence Expert Medical Evidence Safety of Conviction Appeal Procedure

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Parties

T

Applicant

Regina

Respondent

Procedural Posture

Criminal Appeal / Judgment on Application for Leave to Appeal and Appeal

Legal Issues

  1. 1 Whether fresh expert medical evidence undermines the safety of the conviction for rape and indecent assault
  2. 2 Whether criticism of the original defence team is justified
  3. 3 Whether evidence relating to the complainant's brother accessing child pornography affects the safety of the verdict

Ratio Decidendi

The fresh expert evidence admitted does not undermine the safety of the conviction, as it does not affect the credibility of the complainant whose evidence was consistent and reliable; the original defence team acted properly and criticism is unjustified; evidence regarding the complainant's brother is irrelevant to the safety of the verdict.

Court Disposition

leave to appeal granted; appeal dismissed