Drake, R. v [2006] NICA 48 (19 December 2006)

Drake, R. v [2006] NICA 48 (19 December 2006)

The fresh evidence presented by the appellant was incapable of belief, being motivated by personal animosity and attempts at blackmail, and did not undermine the safety of the conviction. The original evidence was credible and the conviction was safe.

Citation
[2006] NICA 48
Parties
Prosecution: The Queen; Appellant: Anthony Drake
Jurisdiction
Northern Ireland
Judgment Date
19 December 2006
Procedural Posture
Criminal Appeal / Appeal Against Conviction
Outcome
appeal dismissed
Legal Topics
Rape, Fresh Evidence, Appeal Procedure, Witness Credibility
Criminal Law Rape Fresh Evidence Appeal Procedure Witness Credibility

Case Brief

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Parties

The Queen

Prosecution

Anthony Drake

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Conviction

Legal Issues

  1. 1 Whether fresh evidence rendered the conviction unsafe
  2. 2 Whether the appellant's conviction for rape should be quashed based on new witness testimony

Ratio Decidendi

The fresh evidence presented by the appellant was incapable of belief, being motivated by personal animosity and attempts at blackmail, and did not undermine the safety of the conviction. The original evidence was credible and the conviction was safe.

Court Disposition

appeal dismissed

Orders

  • Conviction upheld
  • No impact of fresh evidence on safety of conviction