A summing up which repeatedly invited the jury to consider what motive the complainant would have for lying in relation to her allegations of sexual abuse by the defendant failed to strike a fair and proper balance between prosecution and defence.
Fresh evidence did not render a conviction for rape unsafe as the evidence, which related to an alleged assault on the complainant when she was younger, would not have affected the complainant’s credibility in the eyes of the jury. Further, there was no reasonable explanation for the defence not to have adduced the evidence at […]
