Top Rape Barrister and Leading Criminal KC
Call now: +44 (0) 141 2800504
≡
  • Home
  • Expertise
    • Rape Defence Barrister
    • Sexual Assault
      • Assault By Penetration Defence Barrister
      • Assault By Touching Defence Barrister
      • Administering Substances Defence Barrister
    • Underage sex
      • Grooming
    • Exploitation
    • Porn / Voyeurism
  • Criminal Appeals
  • Bail
  • Direct Access
  • Contact
  •  Call +44 (0) 141 2800504
Top Criminal Barrister QC and Leading Rape Defence Counsel

BAD CHARACTER

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

March 15, 2019

A judge had been entitled to refuse severance of an indictment, meaning that an offender was tried for historic and recent counts of child sexual offences at the same time. The Criminal Procedure Rules 2015 r.3.21(4)(a) had removed the technical barriers to joinder in appropriate cases: where evidence on one count would be properly admissible on the other as evidence of bad character it was hard to argue that the offender would be prejudiced in his defence by having both counts on the same indictment. In the instant case, the recent counts would have been admissible as bad character evidence at the offender’s trial on the historic counts and vice versa.

BAD CHARACTER CHILD SEX OFFENCES CRIMINAL PROCEDURE HISTORICAL OFFENCES INDECENT ASSAULT INDECENT PHOTOGRAPHS OF CHILDREN JOINDER PREJUDICE SEVERANCE

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

June 21, 2018

While a judge’s summing-up could have been more clearly expressed, it was not confusing, did not advocate the prosecution case and it did not render the trial unfair. Trial judges were reminded of the guidance and draft directions contained in the Crown Court Compendium. Those directions provided judges with an invaluable resource which, when adapted to the facts of a case, provided an appropriate framework for a legally correct direction.

BAD CHARACTER CRIMINAL PROCEDURE JURY DIRECTIONS LUCAS DIRECTIONS SEXUAL ACTIVITY WITH CHILDREN SEXUAL ASSAULT OF CHILD UNDER 13 SUMMING UP

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

April 24, 2015

Two convictions for rape were safe where a judge had admitted evidence of an offender’s single previous conviction for sexual assault. The offences all demonstrated sufficiently unusual behaviour, capable of demonstrating the offender’s propensity to commit offences of the kind charged, to permit admission under the bad character provisions of the Criminal Justice Act 2003.

BAD CHARACTER CRIMINAL EVIDENCE CRIMINAL JUSTICE ACT 2003 PREVIOUS CONVICTIONS RAPE SEXUAL ASSAULT

March 20, 2015

A judge had not erred in permitting the prosecution to adduce evidence of an offender’s bad character, relating to conduct forming the basis of a charge for sexual assault, of which he was acquitted, after it had closed its case as the defence had not yet opened its case. The judge had also directed the jury fairly on the similarities and dissimilarities between the previous incident and the index offence.

ADMISSIBILITY BAD CHARACTER CRIMINAL EVIDENCE CRIMINAL LAW JURY DIRECTIONS PROSECUTION CASE RAPE SEXUAL ASSAULT

March 17, 2015

A judge had erred in refusing to allow cross-examination of a rape complainant regarding her previous convictions, as the evidence was of substantial probative value in respect of the question of whether her allegation was worthy of belief. However, the evidence would have had no significant impact on the jury’s consideration of the specific issues of creditworthiness in the circumstances of the case and the conviction was safe.

ADMISSIBILITY BAD CHARACTER CREDIBILITY CREDITWORTHINESS CRIMINAL EVIDENCE CRIMINAL JUSTICE ACT 2003 s.101(1)(b) CROSS-EXAMINATION JUDGE’S REFUSAL TO ALLOW CROSS-EXAMINATION OF RAPE VICTIM CONCERNING HER PREVIOUS CONVICTIONS PREVIOUS CONVICTIONS RAPE s.100 s.100(1)(b) s.100(3)(c) s.101(1)(e) VICTIMS

February 5, 2015

A judge had not erred in stating that an appellant’s bad character had been agreed during a rape trial in which both the appellant and victim had impugned each other in their evidence. The conviction was safe despite the fact that allegations of past violence by the appellant had been made. The judge’s direction had been adequate to deal with the issue.

BAD CHARACTER CRIMINAL PROCEDURE JURY DIRECTIONS RAPE SUMMING UP

Previous Posts

Contact Stephen

Please use the form below to make contact. Your email will be responded to promptly (we endeavour to respond to all email enquiries within one hour). Alternatively, you can call Stephen's firm, Twelve Tabulae Limited, on +44 (0) 141 2800504.
  • This field is for validation purposes and should be left unchanged.

 

"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