Mr CS
Mr CS was convicted in March 2003 of rape, indecent assault on a female, and inciting a child to commit an act of gross indecency.
Mr CS received a sentence of four years’ imprisonment. In July 2003, on the Attorney-General’s reference, the total sentence was increased to six years’ imprisonment.
The CCRC received an application for review of the conviction in April 2006.
During review, the CCRC obtained fresh expert evidence that was capable of undermining the evidence of the prosecution’s expert at trial.
This new material provided support for the proposition that the clinical findings presented at trial were, in some crucial areas, mistaken.
In addition, the trial expert had wrongly dismissed American research presented at trial as unreliable.
The CCRC concluded there was a real possibility the Court of Appeal would find this new evidence rendered the trial expert’s testimony so unreliable as to make the conviction unsafe.
The CCRC referred the conviction in July 2009.
The Court of Appeal upheld the conviction in May 2010.