Mr GD

Mr GD was convicted in July 2015 of rape and received a sentence of nine years’ imprisonment.

The CCRC received an application for review of the conviction in March 2020.

Following review, the CCRC concluded that there was a real possibility the Court of Appeal would find Mr GD’s conviction unsafe because of the combined impact of material non-directions and imperfect directions.

The judge failed to direct the jury to try the case dispassionately, leaving emotion and sympathy to one side.

In addition, the judge failed to direct the jury as to how it may treat the complainant’s display of distress whilst giving evidence.

Although there was no absolute requirement for a judge to give a direction regarding distress at trial, in the circumstances of Mr GD’s trial the CCRC considered it arguable that one was required.

At trial, the defence’s inability to complete cross-examination in a normal manner was a result of the complainant’s extreme distress whilst giving evidence.

The trial judge did not guide the jury in any way as to how it should consider the complainant’s demeanour. The CCRC considered this represented a potentially serious material irregularity.

The CCRC referred the conviction in December 2022.