Sultan v R [2008] EWCA Crim 6 (23 January 2008)

Sultan v R [2008] EWCA Crim 6 (23 January 2008)

The fresh medical evidence diagnosing Asperger's Syndrome is capable of belief, was not available at trial, and could have affected the jury's assessment of the appellant's mens rea and credibility. The convictions are therefore unsafe and must be quashed.

Citation
[2008] EWCA Crim 6
Parties
Appellant: Tipu Sultan; Respondent: Regina
Jurisdiction
England and Wales
Judgment Date
23 January 2008
Procedural Posture
Criminal Appeal / Appeal From Conviction and Sentence; Application to Admit Fresh Evidence
Outcome
convictions quashed; retrial ordered
Legal Topics
Rape, Indecent Assault, Fresh Evidence on Appeal, Mental Health and Criminal Responsibility, Mens Rea, Asperger's Syndrome, Unfitness to Plead
Criminal Law Rape Indecent Assault Fresh Evidence on Appeal Mental Health and Criminal Responsibility Mens Rea Asperger's Syndrome Unfitness to Plead

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Parties

Tipu Sultan

Appellant

Regina

Respondent

Procedural Posture

Criminal Appeal / Appeal From Conviction and Sentence; Application to Admit Fresh Evidence

Legal Issues

  1. 1 Whether fresh medical evidence diagnosing Asperger's Syndrome renders the convictions unsafe
  2. 2 Whether the appellant's mental condition at the time of the offence affected his ability to form the requisite mens rea for rape and indecent assault
  3. 3 Whether the new evidence should be admitted under section 23 of the Criminal Appeal Act 1968

Ratio Decidendi

The fresh medical evidence diagnosing Asperger's Syndrome is capable of belief, was not available at trial, and could have affected the jury's assessment of the appellant's mens rea and credibility. The convictions are therefore unsafe and must be quashed.

Court Disposition

convictions quashed; retrial ordered

Orders

  • Leave to appeal granted
  • Fresh evidence admitted