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Crime

Acquittal - Order for retrial - Defendant acquitted of rape as a result of complainant being unavailable to give evidence - Crown applying to quash acquittal on basis complainant now available to give evidence Regina v Henry (Duwayne) [2014] EWCA Crim 1816; [2015] WLR (D) 154

21 April 2015

CA: Treacy LJ, Sweeney, Simler JJ

• 2 September 2014

Evidence was "adduced", for the purposes of section 78(2) of the Criminal Justice Act 2003, when it was put forward in evidence. Accordingly, where a witness's unavailabilty to give evidence at trial had resulted in the defendant's acquittal, and the witness subsequently became available again, the witness's evidence could amount to new evidence for the purposes of a prosecution application to quash the acquittal.

The Court of Appeal, Criminal Division, so held when allowing an applicatio...

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