Practice and Procedure

R v B (2009)

PUBLISHED November 10, 2009

[2009] EWCA Crim 2291

Fresh evidence in a rape case led to the conclusion that the verdict was unsafe and should be quashed; fundamentally, the new evidence established that the victim and the offender were not strangers and the basis of the prosecution case that the victim was raped by a stranger was fatally undermined. The court commented about the importance of defence statements under the Criminal Procedure and Investigations Act 1996 and the importance for the prosecution to respond promptly and fully to a respondent's notice under the Criminal Procedure Rules 2005 r.68.6.

CA (Crim Div) (Moses LJ, Openshaw J, Sir Geoffrey Grigson)