R v (1) JEMINA UMO (2) JAMARI BENJAMIN (2020)

28 February 2020

[2020] EWCA Crim 284

CA (Crim Div) (Fulford LJ, Sweeney J, Lambert J)

A judge had erred in refusing to admit bad character evidence against a witness whose credibility was at issue in a criminal trial. The witness had been accused of attempting to blackmail another witness by saying that she would allege sexual misconduct against him if he did not pay her money. The judge had erred in concluding that the blackmail allegation was not evidence of a false complaint and in holding that the allegation did not have substantial probative value because the evidential dispute could not be resolved by a jury.

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