R v IVAN MCCHLEERY (2019)

In an indecent assault trial which turned on the comparative credibility of the complainant and the defendant, the judge should have given a full good-character direction in respect of the defendant. His failure to do so, coupled with his direction that the jury should treat the unchallenged evidence of the defendant’s character witnesses with caution, […]

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MARK LE BROCQ v LIVERPOOL CROWN COURT (2019)

A judge had erred in imposing a wasted costs order on a defence barrister after discharging the jury following the barrister’s closing speech. In front of the jury, the barrister had inappropriately criticised the procedure by which questions for young and vulnerable witnesses were formulated in advance, and had also strayed beyond the bounds of […]

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R v DONALD GORDON ADAMS (2019)

Convictions for rape and indecent assault were deemed unsafe where a judge had failed to give a jury clear directions as to whether, and if so how, they could rely on the evidence of each victim when considering the allegations made by the other.

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R v PR (2019)

A defendant had received a fair trial in a case concerning historical child sex offences where various pieces of contemporaneous evidence had been lost or destroyed. There was a substantial amount of additional material that could be used to test the reliability and credibility of the complainant, and the judge had given an impeccable direction […]

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R v DL (2019)

There was no general principle that delay, in a criminal trial involving young children, meant that the evidence of that child should always be excluded at a subsequent trial; each case was fact specific. In the instant case, a judge had been entitled to admit a child’s Achieving Best Evidence interview at trial despite the […]

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R v SR (2019)

Despite the absence of certain evidence at trial, the appellant’s convictions for sexual assault and rape of his half-sister were safe, because the totality of the trial process including the directions given and the summing up was fair.

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R v BC (2019)

Where the admission of hearsay evidence of a person who had died was sought under the Criminal Justice Act 2003 s.116(2)(a), in the proviso in s.116(5), that if the circumstances (namely that person’s death) were caused “(a) by the person in support of whose case it is sought to give the statement…” [then the evidence […]

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R v SB (2019)

A grandfather’s convictions for the sexual abuse of his granddaughter were upheld. There was no proper basis for rejecting the granddaughter’s original complaints, which had been detailed in her ABE interview and maintained throughout the trial, and the reliability of a retraction statement she made shortly after sentencing had to be rejected.

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