The Court of Appeal (Criminal Division) has allowed an appeal in part in R v Kieron Joseph [2026] EWCA Crim 22, quashing two convictions following the admission of fresh evidence pursuant to section 23 of the Criminal Appeal Act 1968.
The applicant had been convicted in December 2014 at the Crown Court at Woolwich of three offences arising from allegations involving multiple complainants. He was sentenced in January 2015 to a total of six years’ detention. An application for an extension of time and leave to appeal against conviction was later brought, supported by fresh evidence which emerged several years after the trial.
Central to the appeal were subsequent accounts provided by one complainant, which differed materially from the evidence given at trial and went directly to issues of credibility and consent. The Court considered whether this fresh material was capable of belief, whether it would have been admissible at trial, and whether its absence rendered the convictions unsafe.
Having received the fresh evidence and heard submissions, the Court concluded that the convictions on count 3 (assault by penetration) and count 4 (rape) were unsafe and should be quashed. However, the Court dismissed the appeal in respect of count 2 (sexual assault), which concerned a separate complainant whose account had remained consistent throughout.
The Court confirmed that the prosecution does not seek a retrial in relation to the quashed counts.
The applicant was represented before the Court of Appeal by Michael Magarian KC, instructed by Wells Burcombe Solicitors. The case involved detailed consideration of fresh evidence, witness credibility, and the proper appellate approach to the safety of convictions.
