JSK, R v [2011] NICA 44 (8 September 2011)

JSK, R v [2011] NICA 44 (8 September 2011)

Fresh evidence from the applicant's ex-wife casts doubt on the prosecution's account of opportunity to commit offences, creating a lurking doubt about the safety of the conviction; retrial is necessary.

Citation
[2011] NICA 44
Parties
Prosecution: The Queen; Defendant/appellant: JSK
Jurisdiction
Northern Ireland
Judgment Date
08 September 2011
Procedural Posture
Criminal Appeal / Application for Leave to Appeal Against Conviction
Outcome
conviction quashed; retrial ordered
Legal Topics
Indecent Assault, Historic Sexual Abuse, Admissibility of Evidence, Jury Directions, Fresh Evidence
Criminal Law Indecent Assault Historic Sexual Abuse Admissibility of Evidence Jury Directions Fresh Evidence

Case Brief

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Parties

The Queen

Prosecution

JSK

Defendant/appellant

Procedural Posture

Criminal Appeal / Application for Leave to Appeal Against Conviction

Legal Issues

  1. 1 admissibility and use of hearsay evidence
  2. 2 adequacy of jury directions on complaints, delay, and good character
  3. 3 whether fresh evidence should be admitted

Ratio Decidendi

Fresh evidence from the applicant's ex-wife casts doubt on the prosecution's account of opportunity to commit offences, creating a lurking doubt about the safety of the conviction; retrial is necessary.

Court Disposition

conviction quashed; retrial ordered

Orders

  • fresh evidence admitted
  • retrial directed