header-logo header-logo

02 March 2007 / B Mahendra
Issue: 7262 / Categories: Features , Procedure & practice , Profession
printer mail-detail

Doc Brief

False witness dilemmas, Importance of reasoned conclusions, Judicial review of council decisions

COMPLAINANT CREDIBILITY

The problem of false witness is especially acute where intimate situations are concerned when accounts by independent witnesses may be lacking. In those instances the behaviour of the complainant or victim may assume paramount importance. Two recent cases bearing on this issue came to the attention of the courts in different circumstances.

In R v Soroya [2006] EWCA Crim 3120, [2006] All ER (D) 152 (Dec) the appellant had been convicted of rape. He had also been acquitted of indecently assaulting the same complainant two days before the rape. He appealed on the ground that the complainant had given a false account of a earlier sexual attack on her and also that her actions since the trial raised doubts about her credibility, in that she had swiftly formed a relationship with a wealthy employer many years her senior, in circumstances similar to those in which she had met the appellant.

Motivation

The complainant was a Polish woman aged 19 who

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Excello Law—Stephen Morrall

Excello Law—Stephen Morrall

Excello welcomes Stephen Morrall to Anglo-German team

Lawfront—Peter Martin-Simon

Lawfront—Peter Martin-Simon

Lawfront appoints new Chief Executive Officer to steer the business through the next phase of growth

Eversheds Sutherland—Claire Petheram

Eversheds Sutherland—Claire Petheram

Eversheds Sutherland strengthens top-ranked pensions practice with appointment of former global head of pensions

NEWS
Mr Justice Nicklin’s decision to order costs on an indemnity basis may be a ‘significant win’ but it’s still ‘far from game, set and match’ for Associated Newspapers, a former costs judge has said
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
Can a meticulously maintained spreadsheet turn a couple’s informal financial arrangements into legally enforceable obligations? 
back-to-top-scroll