Conviction upheld by Court of Appeal

In R. v H [2023] EWCA Crim 850 the Court of Appeal held in the context of a rape conviction that alleged prosecution disclosure failings in respect of the complainant’s medical and counselling records, including non-disclosure of a magazine article concerning the effects on the complainant of anti-depressant medication following a subsequent unrelated illness which was similar to the account given in her victim personal statement, had not affected the outcome of the trial.

The article content would not have undermined the complainant’s credibility in respect of the facts of the rape or more generally. The judge had also not placed too much reliance on the victim personal statement when sentencing and the sentence imposed of four years’ imprisonment was not manifestly excessive. 

Ben Douglas-Jones KC, leading Emma Nash (187 Chambers) represented the Crown.