01. Miscarriages of Justice Registry

Case: Derek A

2000

Conviction overturned

7

Years in prison

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Table of Contents

Description
A was convicted of raping and assaulting his ex-girlfriends daughter (Z) while on a trip to Scotland. Z gave evidence and described events in some detail. At trial, doctors testified to signs that Z had been sexually interfered with but they were unable to identify the perpetrator. Evidence was also given by Zs mother and a police officer who interviewed her. On appeal, evidence was introduced to show that Z had extensive knowledge of sexual matters for other reasons, that she had previously made allegations against her teachers that had been found to be groundless, and that Zs mother had said of A that if she could not get him one way she would “get him another.” The police were aware of all of this evidence prior to the trial, but did not disclose it to the defence. On the basis of this non-disclosed information, the court found that there was a formidable case to question the safety of the convicitons. This was said to throw the conviction into real doubt, and the convictions were quashed.
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Overview

Jurisdiction

England & Wales

First & Last Name

Derek
A

Gender

M

Ethnicity

White

Age When Imprisoned

Age When Released

Years in Prison

7

Compensation

Compensation Paid

Compensation Link

Compensation Type

Compensation Amount

Dates

Year of Crime

1989

Year of Conviction

1993

Year Conviction was Overturned

2000
Excerpt

Research information

Reference

101

Link to Full Case

https://www.bailii.org/ew/cases/EWCA/Crim/2000/100.html

Offences

Offence

Sexual offences

Offence Convicted Of

Rape; indecent assault

Most Serious Offence

Sexual offences

Courts

Factors Involved

Inadequate disclosure, Witness testimony from complainant

Guilty Plea

Tried with Others

Retrial

Majority Verdict

Unanimous Verdict

Evidence

Type of Witness Evidence

Affirmative Evidence of Innocence

Fresh Evidence

Evidence relating to the reliability of complainant testimony

CCRC Referral

Yes

Neutral Citation

[2000] EWCA Crim 100

Online Press

Crown Argued Case at CofA

Previous Appeals

Unsuccessful appeal in 1994

Number of Previous Applications

1

Legal Representation on Appeal

Mr J Turner QC and Mr J Hall

Is Post Office Case