Mr CJ

Mr CJ was convicted in May 2003 of causing grievous bodily harm with intent and received a sentence of 10 years’ imprisonment and indefinite registration on the sex offenders’ register.

The CCRC received an application for review of the conviction in November 2006.

A key issue at trial was the complainant’s perception of pain and how this might have been affected by intoxication.

This question was relevant to the mechanism by which sexual injuries might have been incurred, it being the defence’s case that injuries were the result of consensual sexual activity.

Following review, the CCRC concluded that this issue had been inadequately addressed at trial.

The CCRC obtained fresh expert evidence as to the complainant’s projected level of intoxication at the time she sustained her injuries.

The CCRC also obtained expert evidence as to the analgesic or anaesthetic effect of a combination of alcohol and the drug GHB.

The CCRC considered that this new evidence raised a real possibility the Court of Appeal would find that Mr CJ’s conviction was unsafe.

The CCRC referred the conviction in September 2008.

The Court of Appeal upheld the conviction in August 2009.