Mr DQ

Mr DQ was convicted in August 2005 of rape and assault of a child under 13 by digital penetration. Mr DQ received a sentence of ten years’ imprisonment.

The CCRC received an application for review of the conviction in March 2007.

Mr DQ been convicted of sexual offences against the complainant in mid-2004 when the complainant was aged 12 to 13. The allegations were first made in March 2005 and were neither supported nor undermined by medical evidence.

Mr DQ appealed the conviction, partly on the basis that the trial judge had erred in refusing a defence application to present evidence of a false allegation of indecent assault previously made by the complainant. The court agreed the judge had erred but dismissed the appeal.

Following the trial, a number of individuals made statements to the effect that, on various occasions, the complainant had admitted that she did not tell the truth at trial.

Some of these witnesses were interviewed by the CCRC and/or police officers at the CCRC’s request.

The CCRC concluded that in light of this new evidence and its possible impact on any assessment of the complainant’s credibility, there was a real possibility the Court of Appeal would find Mr DQ’s conviction unsafe.

The CCRC referred the conviction in February 2012.

The Court of Appeal upheld the conviction in February 2013.