Sultan v R, Court of Appeal - Criminal Division, January 23, 2008, [2008] EWCA Crim 6
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Sultan v R, Court of Appeal - Criminal Division, January 23, 2008, [2008] EWCA Crim 6
Neutral Citation Number: [2008] EWCA Crim 6
Case No: 2005 06437 C2IN THE SUPREME COURT OF JUDICATURECOURT OF APPEAL (CRIMINAL DIVISION)ON APPEAL FROM BLACKRIARS CROWN COURTHIS HONOUR JUDGE STONE QCInsert Lower Court NC Number HereRoyal Courts of JusticeStrand, London, WC2A 2LLDate: 23/01/2008Before :LORD JUSTICE RIXTHE HONOURABLE MRS JUSTICE SWIFT DBEandTHE HONOURABLE MR JUSTICE TEARE- - - - - - - - - - - - - - - - - - - - -Between :- - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - -Mr E McKiernan (instructed by Messrs. Imran Khan, 47 Theobalds Road, London WC1X 8SP) for the AppellantMiss P McAtasney QC (instructed by The Crown) for the RespondentHearing dates : 30-31st October 2007- - - - - - - - - - - - - - - - - - - - -JudgmentLord Justice Rix:1. On Christmas Eve, 24 December, 2003 the appellant, Tipu Sultan, engaged in sexual conduct with his estranged wife at the home where she, but not he, lived with their three children. As a result he was convicted on 12 August 2005 at the Crown Court at Blackfriars before HH Judge Stone QC and a jury on one count of rape and another of indecent assault, and sentenced to four years imprisonment. His appeal, for which leave was given by this court, raises the issue of the impact on the safety of his convictions of fresh evidence relating to his psychological condition at the time of the incident. That evidence has come before the court in the form of a medical report from Dr Nigel Blackwood dated 8 May 2007 which has put forward for the first time a diagnosis of Asperger's Syndrome. The court has heard Dr Blackwood give evidence orally, and has also read other medical reports and heard evidence from Dr L P Chesterman, whose report was commissioned by the Crown, and from Dr Aggrey Burke, who has ...See the full content of this document
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