Practice and Procedure

R v W (2008)

PUBLISHED July 16, 2008

[2008] EWCA Crim 1523

Convictions for indecent assault and gross indecency were unsafe where fresh evidence concerning the sexual function and erectile problems of a participant in the alleged abuse might, if accepted by the jury, have affected its decision to convict the accused as it was capable of providing independent evidence that the complainant's allegations were not true.

CA (Crim Div) (Thomas LJ, Rafferty J, Judge Loraine-Smith)