News / Appeal against 2004 convictions allowed on referral from...


Appeal against 2004 convictions allowed on referral from the Criminal Cases Review Commission  

15/12/2009

R v France CCA 15/12/09

On a referral from the Criminal Cases Review Commission, the Court of Appeal allowed an appeal against convictions on six counts of rape and indecent assaults following the appellant’s trial in 2004.

Moses LJ held that evidence of the defendant’s longstanding congenital penile curvature, which was clearly available to defence counsel at the original trial but had not been adduced before the jury, was likely to have had a significant effect upon the course of the trial and the jury verdicts.

The complainant had confirmed in cross examination that he had observed nothing unusual in the appearance of the appellant's genitalia; despite this response, no evidence of the significant curvature was subsequently adduced. Efforts to obtain an explanation for the omission from trial counsel had failed to shed any light on the issue.

Given that medical evidence was now available to support the significant visible curvature and the duration of the condition, and given that the appellant could not be blamed for not volunteering evidence where he had never been asked about it, the Court held that they could find no rational explanation for the failure to adduce this evidence and the convictions were unsafe.

Nina Grahame appeared for the appellant, instructed by Mark Newby of Jordans Solicitors LLP , Doncaster .



Right menu

  What's New?  
 

#Iamforjustice/ #saveukjustice

Law Society / LAPG / LAG Legal Aid Still Available Leaflet

LASPO resources
Quick Guide to LASPO 2012 Part 3 (re: crime)
Quick Guide to LASPO 2012 for Housing Law
Quick Guide to LASPO 2012 for Immigration Law

Now on Twitter @gcnchambers  

24/11/14 Natalie Wilkins "New immigration tribunal procedure rules" (Free Movement blog)

13/11/14 Permission to appeal granted in benefits case

12/11/14 Joseph Markus and Natalie Wilkins join chambers

11/11/14 Successful exceptional funding application

3/11/14 Chambers UK 2015 recommends GCN in Band 1  

28/10/14 Inquest finds failures in prison mental health services at HMP Stoke Heath

22/10/14 Lucy Mair speaking at Human Rights Lawyers Association careers day Leeds

21/10/14 David Campion on UNISON JR of Employment Tribunal fees

GCN ASB training for Yorkshire Housing Law Practitioners on 6.11.14

10/10/14 Pete Weatherby QC wins Legal 500 Regional Silk Award

9/10/14 Zimran Samuel wins Family Law Junior Barrister of the Year Award

3/10/14 Clerks achieve "first class" recommendation in Legal 500 2014

26/9/14 Legal Aid, Labour and a 'manifesto for hope' (Justice Gap)

Immigration update seminar | Manchester 23.10.14 3CPD

10/9/14 Mark George QC to chair international seminar on Judicial Recusal

10/9/14 Mikhil Karnik joins GCN immigration team

28/8/14 Supreme Court challenge to Cat A prisoner's refusal of oral hearing

28/8/14 No Mad Laws Campaign

13/8/14 3-judge Upper Tribunal panel critical of LAA failure to grant Legal Aid  

12/8/14 Rights without remedies: ECtHR ruling on prisoners votes

1/8/14 Clare Ashcroft on BBC Radio4 Woman's Hour

31/7/14 Murder conviction quashed at re-trial

30/7/14 Unlawful council tax reduction scheme judgment - implications for many low income council tax payers

29/7/14 Hilllsborough: latest