A conviction for attempted rape was quashed following the admission of new DNA evidence taken from clothing worn by the victim at the time of the offence.
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A conviction for attempted rape was quashed following the admission of new DNA evidence taken from clothing worn by the victim at the time of the offence.
ATTEMPTS CRIMINAL APPEAL ACT 1968 s.23 CRIMINAL EVIDENCE DNA EVIDENCE IDENTIFICATION NEW AND COMPELLING EVIDENCE RAPE UNSAFE CONVICTIONS
Although cross-examination which had invited impermissible speculation by the defendant should not have been allowed, that was insufficient to support a conclusion that his conviction for rape, buggery and indecent assault was unsafe, there being no other basis on which to undermine the jury’s acceptance of the significant DNA evidence.
ADMISSIBILITY APPEAL AGAINST CONVICTION FOR HISTORIC SEXUAL ASSAULT BASED ON DNA EVIDENCE BUGGERY CRIMINAL EVIDENCE CRIMINAL PROCEDURE CROSS-EXAMINATION DNA EVIDENCE EFFECT ON SAFETY OF CONVICTION OF CROSS-EXAMINATION OF DEFENDANT INVITING IMPERMISSIBLE SPECULATION INDECENT ASSAULT RAPE s.14(1) SEXUAL OFFENCES SEXUAL OFFENCES ACT 1956 s.12(1) SUMMING UP
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