BAD CHARACTER

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.

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.

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.

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 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.

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.

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.

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.

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.