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Top Criminal Barrister QC and Leading Rape Defence Counsel

ADMISSIBILITY

November 29, 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, simply because they knew him well, rendered the defendant’s conviction unsafe.

ADMISSIBILITY BAD CHARACTER CHILDREN’S HOMES CREDIBILITY CRIMINAL EVIDENCE CRIMINAL PROCEDURE DISCLOSURE GOOD CHARACTER HISTORICAL OFFENCES INDECENT ASSAULT JURY DIRECTIONS SEVERANCE

July 18, 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.

ADMISSIBILITY BAD CHARACTER CAUSING CHILDREN TO ENGAGE IN SEXUAL ACTIVITY CRIMINAL EVIDENCE HISTORICAL OFFENCES INDECENT ASSAULT JURY DIRECTIONS RAPE

April 9, 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 would be inadmissible], “person” meant the defendant or somebody acting on his behalf, not the deceased person.

ADMISSIBILITY BEST EVIDENCE CRIMINAL EVIDENCE CRIMINAL PROCEDURE DISCHARGE OF JURY GOOD CHARACTER HEARSAY EVIDENCE SEXUAL ACTIVITY WITH CHILDREN SUICIDE

February 1, 2019

A conviction for sexual assault was safe, even though a central piece of evidence for the prosecution was the hearsay statement of the two-and-a-half-year-old victim. The statement had properly been admitted under the Criminal Justice (Evidence) (Northern Ireland) Order 2004 art.18(1)(d) and the judge had given appropriate directions to the jury about how it was to be treated.

ADMISSIBILITY CRIMINAL EVIDENCE CRIMINAL PROCEDURE DISCHARGE OF JURY HEARSAY EVIDENCE JURY DIRECTIONS RES GESTAE SEVERANCE SEXUAL ASSAULT OF CHILD UNDER 13

October 24, 2018

Convictions for sexual offences were safe despite the fact that material about the complainant had not been disclosed to the defence, because the picture of the complainant put before the jury was nevertheless a sufficiently accurate one.

ADMISSIBILITY BAD CHARACTER CAUSING CHILDREN TO WATCH SEXUAL ACTS CRIMINAL CASES REVIEW COMMISSION CRIMINAL EVIDENCE CRIMINAL PROCEDURE FABRICATION OF EVIDENCE PROSECUTION DISCLOSURE PROSECUTION WITNESSES SEXUAL ACTIVITY WITH CHILDREN

March 21, 2018

Evidence of a step-father’s controlling behaviour towards his wife and step-son had been relevant evidence at his trial for 16 sexual offences against his step-daughter, as his defence was that his step-daughter was lying and exaggerating his controlling behaviour and the evidence was relevant to the issue of her credibility. A total sentence of 22 years’ imprisonment was not manifestly excessive.

ADMISSIBILITY ASSAULT BY PENETRATION CREDIBILITY CRIMINAL EVIDENCE EVIDENTIARY FACTS RAPE RAPE OF CHILD UNDER 13 SENTENCE LENGTH SENTENCING SEXUAL ASSAULT OF CHILD UNDER 13

September 8, 2015

Although a police interview of a mentally disordered victim had contained leading questions, the judge had not erred in admitting it at a trial for sexual assault of a person with a mental disorder impeding choice as he had been satisfied that the victim’s main account had been given in response to open questions and a reasonable jury could conclude that that account was credible.

ADMISSIBILITY CRIMINAL EVIDENCE LEADING QUESTIONS MENTALLY DISORDERED PERSONS POLICE INTERVIEWS SEXUAL ASSAULT

July 9, 2015

Bad character evidence in respect of complainants in sexual assault allegations had been properly excluded where a judge had decided that it lacked substantial probative value as it did not establish a propensity towards general untruthfulness. That exclusion avoided the inevitable, grossly prejudicial, admission of the accused’s previous convictions for sexual offences.

ADMISSIBILITY ATTACKS ON CHARACTER BAD CHARACTER CRIMINAL EVIDENCE CRIMINAL JUSTICE ACT 2003 s.100 CRIMINAL LAW PREVIOUS CONVICTIONS Pt 1 s.100(1)(b) s.101 s.101(1)(d) s.101(1)(g) s.3 SEX OFFENDERS SEXUAL ASSAULT WHETHER JUDGE PROPERLY EXCLUDED COMPLAINANTS’ BAD CHARACTER EVIDENCE

July 3, 2015

Two appeals against conviction for the sexual abuse of children were dismissed. Although the judge should not have allowed the jury to return their verdicts piecemeal, that had not affected the overall safety of the convictions. However, in trials of sexual abuse cases involving multiple counts, trial judges should invite the jury not to return their verdicts until they had concluded their deliberations on all counts.

ADMISSIBILITY APPEALS AGAINST CONVICTION CHILD SEX OFFENCES COUNTS CRIMINAL EVIDENCE CRIMINAL PROCEDURE JURY DIRECTIONS PREVIOUS CONVICTIONS PROPENSITY VERDICTS

May 1, 2015

Fresh evidence which cast doubt on the credibility of a complainant’s evidence had sufficient impact on the safety of a conviction for rape for it to be quashed. However, the evidence did not have the same impact on the complainant’s credibility in respect of allegations of sexual assault, which were upheld.

ADMISSIBILITY CREDIBILITY CRIMINAL APPEAL ACT 1968 s.23 CRIMINAL EVIDENCE FRESH EVIDENCE MEDICAL EVIDENCE RAPE SEXUAL ASSAULT

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"HISTORIC" OFFENCES ABUSE OF POSITION OF TRUST ADMISSIBILITY AGGRAVATING FEATURES ASSAULT BY PENETRATION ATTEMPTS BAD CHARACTER BUGGERY CAUSING CHILDREN TO ENGAGE IN SEXUAL ACTIVITY CHILDREN CHILD SEX OFFENCES CONSENT CREDIBILITY CRIMINAL EVIDENCE CRIMINAL LAW CRIMINAL PROCEDURE CROSS-EXAMINATION DANGEROUSNESS DELAY EXTENDED SENTENCES FRESH EVIDENCE GUILTY PLEAS HUMAN RIGHTS IMPRISONMENT FOR PUBLIC PROTECTION INCONSISTENT VERDICTS INDECENT ASSAULT INDECENT PHOTOGRAPHS OF CHILDREN JURY DIRECTIONS MINIMUM TERM PREVIOUS CONVICTIONS RAPE RAPE OF CHILD UNDER 13 RIGHT TO RESPECT FOR PRIVATE AND FAMILY LIFE SENTENCE LENGTH SENTENCING SENTENCING GUIDELINES SEXUAL ACTIVITY WITH CHILDREN SEXUAL ASSAULT SEXUAL ASSAULT OF CHILD UNDER 13 SEXUAL OFFENCES SEXUAL OFFENCES PREVENTION ORDERS SUMMING UP TOTALITY OF SENTENCE UNDUE LENIENCY YOUNG OFFENDERS