Practice and Procedure

R V JOBE (2004)

PUBLISHED December 10, 2004

[2004] EWCA Crim 3155

The appellant's conviction for rape was safe where he was not substantially prejudiced by the Crown's decision to prosecute after indicating to him that it was not going to continue with the proceedings, and the trial judge had given a full and careful direction to the jury in relation to a hostile witness and a complainant who had shown herself to be untruthful. Given the appellant's previous good character, a sentence of eight years' imprisonment was quashed and a sentence of five years substituted.

CA (Crim Div) (Potter LJ, Judge Rhys Davies QC)