Practice and Procedure

R v T (2012)

PUBLISHED November 7, 2012

[2012] EWCA Crim 2358

Although a defendant's late application to adduce a photograph and Facebook messages during a rape trial was an unjustifiable breach of the rules of advance disclosure, the judge had erred in refusing to allow the evidence as it went to a relevant issue under the Youth Justice and Criminal Evidence Act 1999 s.41, namely the complainant's alleged motive for lying.

CA (Crim Div) (Moses LJ, Nicol J, Lindblom J)