[2008] EWCA Crim 2908

On an application for a retrial under the Criminal Justice Act 2003 s.76(1), the reference in s.78(1) to "new and compelling evidence ..... in relation to the qualifying offence" did not mean that the new and compelling evidence had to relate directly to the allegation for which the defendant had been acquitted. In the instant case, where the relevant offence was rape, what mattered was that the new evidence should be admissible to prove that, contrary to his evidence at trial, the defendant had raped the complainant.

CA (Crim Div) (Lord Judge LCJ, Swift J, Cranston J)

01/12/2008