Practice and Procedure

R v LL (2012)

PUBLISHED July 19, 2012

[2012] EWCA Crim 1961

A conviction for rape was not, on the facts, at risk of being unsafe in reliance upon fresh evidence in the form of an attendance note from an assistant social worker, who had accompanied the victim to an examination by a forensic physician and who had made notes which conflicted with those of the physician. Medical practitioners knew the importance of taking an accurate history from a patient whereas the assistant social worker was of a significantly different level of experience, training and expertise, and did not enjoy primary responsibility for recording conversation.

CA (Crim Div) (Rafferty LJ, Owen J, Griffith Williams J)