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The Court of Appeal dismissed an appeal against conviction brought by the appellant, who had been convicted in the Circuit Criminal Court of offences including sexual assault and rape against members of his friend group. The appellant argued that errors in trial procedure, including the refusal to sever the indictment, admission of certain evidence, and issues regarding disclosure of phone evidence, rendered his trial unfair and the verdicts unsafe. The Court of Appeal held that the offences were appropriately tried together due to their similar nature and context, that the evidence admitted was properly evaluated for probative value, and that any missing evidence from the complainants' phones did not amount to a lost opportunity for an obviously useful defence. Consequently, none of the grounds of appeal were upheld and the original convictions were affirmed.
appeal against conviction – sexual assault – rape – severance of indictment – admissibility of evidence – prejudicial evidence – probative value – disclosure of phone evidence – missed opportunity – trial fairness – Circuit Criminal Court – Court of Appeal – Criminal Law (Rape) Act 1981 – Criminal Law (Rape)(Amendment) Act 1990 – Criminal Justice Act 1924 – Rules of the Superior Courts (RSC) – pre-release supervision
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