R v Paul Gellen
[2024] EWCA Crim 109
R v Asif Khan
7 February 2024
[2024] EWCA Crim 148
Court of Appeal
A man was convicted of rape. He tried to appeal, saying his conviction was unfair and offering new evidence. The court didn't believe his new evidence and said there was enough evidence to show he was guilty, so they refused his appeal.
Key Facts
- •Asif Khan was convicted of rape on September 13, 2021.
- •He was sentenced to ten years' imprisonment.
- •Khan's application for an extension of time to appeal his conviction and to adduce fresh evidence was refused.
- •The fresh evidence involved a Facebook message from Georgie Smith claiming an alibi.
- •Khan's defence was denial, claiming secondary transfer of DNA.
- •The prosecution presented DNA evidence, ANPR footage placing Khan's taxi near the victim's house, and the victim's testimony.
Legal Principles
Sexual Offences (Amendment) Act 1992 provisions regarding publication of victim information.
Sexual Offences (Amendment) Act 1992
Outcomes
Application for extension of time to appeal refused.
No reasonable prospect of success on any grounds of appeal; application was 472 days late; the new evidence was not credible.
Application to adduce fresh evidence refused.
Fresh evidence lacked credibility and no statement was provided by Georgie Smith; several aspects of the alleged Facebook message raised serious doubts about its validity and the applicant's explanation for not using the evidence earlier.