Regina v Loughran: CACD 1999

The appellant had been convicted at a retrial of offences of rape and robbery. He said that there had been an attempt at sexual intercourse with the consent of the complainant, but the penetration had not occurred. He denied robbery. At the time of the alleged offence he was suffering from a physical condition which might or might not, depending on the reaction of the jury, have assisted his defence if they had been made aware of it. Both at the original trial and at the retrial the appellant had decided, on legal advice and for tactical reasons, not to place before the jury evidence of his condition.
Held: The court received the evidence which it considered cast serious doubts on the credibility of the complainant, and quashed the conviction, emphasising that ultimately the question for the court is whether the conviction is safe.
[1999] Crim LR 404
England and Wales
Citing:
AppliedRegina v Turner (Terence) CACD 1974
The defendant appealed against his conviction for murder. He admitted that he had killed his girlfriend with a hammer, but sought to bring psychiatric evidence that he was susceptible to provocation.
Held: The law jealously guards the role of . .

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Updated: 11 April 2021; Ref: scu.649115