Trusted by the judiciary, government lawyers, prosecutors, and many leading counsel. Click here to request a subscription.
Trusted by the judiciary, government lawyers, prosecutors, and many leading counsel.
Click here to request a subscription.
Concluded appeal against rape conviction could not be reopened to introduce new ground
|
or click here to request site subscription to search and view all judgments |
Court of Appeal, having dismissed an appeal against conviction of rape, and pending an appeal against severity of sentence, refuses to amend the grounds of appeal to introduce a new ground concerning the admissibility of the evidence of a particular witness, on the grounds that: (a) although the court had the power to introduce a new ground of appeal, it should only do so in exceptional circumstances, giving the public interest in the finality of litigation; and (b) the appellant had failed to point to any exceptional procedural error, new or newly discovered fact, or other exceptional circumstances that would justify reopening a concluded appeal.
Criminal law - rape - sexual assault - section 48 of the Offences Against the Person Act 1861 - section 2 of the Criminal Law (Rape) Act 1981 - section 2 of the Criminal Law (Rape) (Amendment) Act 1990 - jury conviction of rape - disagreement on sexual assault - appeal against conviction and sentence of eight years - appeal against conviction dismissed in separate judgment - attempt to re-open appeal against conviction - introduction of new ground - whether open to court to consider new ground of appeal after dismissing appeal - s. 12(1) of the Courts (Supplementary Provisions) Act 1961 - power to 'determine any questions necessary to be determined for the purpose of doing justice in the case before it' - whether a 'real risk of injustice' - finality in litigation - appeal not yet concluded, where sentence issue not addressed.
Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.
