The Criminal Cases Review Commission has referred the rape conviction of G to the Court of Appeal.
Mr G pleaded not guilty in 2009 to one count of indecent assault in relation to one woman and two counts of rape in relation to another woman. The principle issue in relation to the rape charges was whether or not the complainant had consented. Mr G was acquitted of the indecent assault and of one count of rape, but convicted of the other count of rape. He was sentenced to a total of five years’ imprisonment.
In 2010 Mr G applied for leave to appeal but leave was refused. He applied to the Commission later that year.
Having conducted an extensive investigation and considered the case in detail the Commission has decided to refer Mr G’s conviction to the Court of Appeal. The referral is made on the basis of new evidence that Mr G arguably should have been entitled to the usual good character direction when in fact that direction was withheld during his trial and when such a direction may have caused the jury to reach a different conclusion. The Commission considers that this raises the real possibility that the Court of Appeal may now consider the conviction to be unsafe and quash it.
This press release was issued by Justin Hawkins, Head of Communication, Criminal Cases Review Commission, on 0121 232 0906 or e-mail email@example.com
Notes for editors
- The Criminal Cases Review Commission is an independent body set up under the Criminal Appeal Act 1995. It is responsible for reviewing suspected and alleged miscarriages of criminal justice in England, Wales and Northern Ireland. It is based in Birmingham and is funded by the Ministry of Justice.
- There are currently twelve Commissioners who bring to the Commission considerable experience from a wide variety of backgrounds. Commissioners are appointed by the Queen on the recommendation of the Prime Minister in accordance with the Office for the Commissioner for Public Appointments’ Code of Practice.
- The Commission usually receives around 1,500 applications for reviews (convictions and/or sentences) each year. Typically, around 3.5%, or one in 29, of all applications are referred to the appeal courts.
- The Commission considers whether, as a result of new evidence or argument, there is a real possibility that the conviction would not be upheld were a reference to be made. New evidence or argument is argument or evidence which has not been raised during the trial or on appeal. Applicants should usually have appealed first. A case can be referred in the absence of new evidence or argument or an earlier appeal only if there are "exceptional circumstances".
- If a case is referred, it is then for the appeal court to decide whether the conviction is unsafe or the sentence unfair.