R v Andrade

Criminal evidence – Sexual offence. The Court of Appeal, Criminal Division, in allowing the defendant's appeal against his conviction for rape, held that the judge had failed to properly consider admitting evidence that he had had consensual sexual intercourse with the complainant on a previous occasion and text messages from a third party should have been excluded from evidence under the general discretion conferred by s 78 of the Police and Criminal Evidence Act 1984.

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