R v Dbi

In the case of R v Dbi, the appellant was convicted of multiple counts of rape and one count of common assault. The primary evidence against the appellant was the testimony of the complainant, who later recanted his testimony. The court was tasked with determining whether fresh evidence, consisting of records of interviews where the complainant recanted his previous testimony, should be admitted on appeal and whether the conviction should be set aside due to the fresh evidence. The court also had to consider whether the verdict was unreasonable or insupportable having regard to the evidence.

The court was required to decide if the fresh evidence should be received and, if so, whether it required the conviction to be set aside to avoid a miscarriage of justice. The court considered the principles governing the admission of fresh evidence, including the need for the evidence to be relevant, credible, and cogent. The court also had to determine if there was a significant possibility that, had the fresh evidence been adduced at trial, a jury, acting reasonably, would have acquitted the appellant.

The court found that the fresh evidence was relevant, credible, and cogent, and that it was likely to give rise to a reasonable doubt as to the appellant’s guilt. The court noted that the evidence was bolstered by inconsistencies in the complainant’s testimony and that of other witnesses at trial. The court concluded that it was not open to any jury to be satisfied beyond reasonable doubt of the appellant’s guilt when considering the fresh evidence alongside the trial evidence. Consequently, the court allowed the appeal, quashed the conviction on all counts, and entered verdicts of not guilty.

The orders of the court were to grant the application for leave to adduce further evidence, admit the affidavits into evidence, grant the application to amend the grounds of appeal, allow the appeal, quash the conviction on all counts, and enter verdicts of not guilty on each of the counts.