A judge had not diluted a good character direction by directing a jury that to the extent that they accepted evidence of misconduct additional to that contained on the indictment, they would want to consider whether that evidence reduced the weight which they gave to the fact that the defendant had no previous convictions.
BAD CHARACTER CHILD SEX OFFENCES CRIMINAL EVIDENCE CRIMINAL PROCEDURE GOOD CHARACTER JURY DIRECTIONS RAPE STANDARD OF PROOF
A judge had not erred in admitting evidence of an individual’s previous conviction for possessing an indecent image of a child in his trial for rape and sexual assault of a child. It was admissible as evidence relevant to an issue in the case, namely his inappropriate sexual interest in young girls.
ADMISSIBILITY BAD CHARACTER BASIS OF PLEA CRIMINAL EVIDENCE CRIMINAL JUSTICE ACT 2003 s.101(1)(d) CRIMINAL PROCEDURE PREVIOUS CONVICTION RELATED TO INSTANT ALLEGATIONS PREVIOUS CONVICTIONS RAPE OF CHILD UNDER 13 SEXUAL ASSAULT OF CHILD UNDER 13
When an offender was sentenced for historic sexual offences, he was not to be sentenced on any count to more than the maximum term available at the time of the offending. That said, sentencing had to reflect modern attitudes, and the court could take account of modern sentencing guidelines.
“HISTORIC” OFFENCES BAD CHARACTER CONDUCT EUROPEAN CONVENTION ON HUMAN RIGHTS 1950 art.7 HISTORICAL OFFENCES INDECENT ASSAULT MODERN SENTENCING GUIDELINES NO PUNISHMENT WITHOUT LAW s.14 SENTENCE LENGTH SENTENCING SEXUAL OFFENCES SEXUAL OFFENCES ACT 1956 s.14(1) SEXUAL OFFENCES ACT 2003 s.72 VICTIM IMPACT
Where a 12-year-old complainant had alleged sexual abuse by her uncle, the trial judge had been entitled to refuse to allow her to be cross-examined about her previous sexual experience. What, if any, sexual experienceshe might have had was not an appropriate area of investigation and was not of substantial probative value in relation to whether she might have been lying about the conduct of her uncle .
ADMISSIBILITY BAD CHARACTER CRIMINAL EVIDENCE CRIMINAL JUSTICE ACT 2003 s.100 CROSS-EXAMINATION SEXUAL ASSAULT OF CHILD UNDER 13 SEXUAL BEHAVIOUR YOUTH JUSTICE AND CRIMINAL EVIDENCE ACT 1999 s.41
A judge had been correct in not permitting a defendant to cross-examine a complainant concerning a telephone recording where the complainant had allegedly confessed to murder, as it was not relevant to the issues in the case, namely whether the complainant had consented to intercourse, and fabricated evidence.
BAD CHARACTER CRIMINAL EVIDENCE CRIMINAL JUSTICE ACT 2003 s.100 CROSS-EXAMINATION INTIMIDATION OF WITNESSES PROPENSITY RAPE RELEVANCE
A 30-year delay on the part of a complainant did not render an offender’s convictions for indecent assault, indecency with a child, and rape unsafe as the judge had sufficiently dealt with any prejudice to the offender in his summing up and directions to the jury and there had been other evidence that supported the complainant’s evidence.
“HISTORIC” OFFENCES 30-YEAR DELAY BETWEEN INCIDENT GIVING RISE TO ALLEGATIONS AND COMPLAINANT’S ALLEGATIONS ABUSE OF PROCESS BAD CHARACTER CRIMINAL EVIDENCE CRIMINAL LAW DELAY FAIRNESS INDECENCY INDECENT ASSAULT PREJUDICE TO OFFENDER PREVIOUS CONVICTIONS PROPENSITY RAPE SAFETY OF CONVICTIONS SEXUAL OFFENCES STAY OF PROCEEDINGS
The Court of Appeal in Northern Ireland overturned an appellant’s convictions on three out of eleven counts of historic sexual abuse on the basis that they were unsafe. It found the remainder to be safe, rejecting arguments that the judge had erred in permitting evidence of reprehensible behaviour and that a fair trial had been rendered impossible by the passage of time.
BAD CHARACTER CHILD SEX OFFENCES CRIMINAL EVIDENCE CRIMINAL PROCEDURE DELAY FRESH EVIDENCE INDECENT ASSAULT JURY DIRECTIONS NORTHERN IRELAND
Although part of prosecuting counsel’s cross-examination of a rape defendant, related to bad character and based on inadmissible hearsay evidence, had been misjudged and regrettable, it had not affected the overall fairness of the proceedings or the safety of the verdict.
ADMISSIBILITY BAD CHARACTER CAUTIONS CRIMINAL EVIDENCE CRIMINAL PROCEDURE CROSS-EXAMINATION DETENTION FOR PUBLIC PROTECTION EFFECT ON OVERALL FAIRNESS OF PROCEEDINGS AND SAFETY OF CONVICTION HEARSAY EVIDENCE INTRODUCTION OF INADMISSIBLE HEARSAY EVIDENCE DURING CROSS-EXAMINATION OF RAPE DEFENDANT RAPE SENTENCING SEXUAL ACTIVITY WITH CHILDREN YOUNG OFFENDERS
There was no support for the proposition that the Criminal Justice (Evidence) (Northern Ireland) Order 2004 had changed the law by prohibiting bad character evidence on its own from constituting, in appropriate circumstances, evidence of identity.
ADMISSIBILITY BAD CHARACTER CHILD SEX OFFENCES CRIMINAL EVIDENCE CRIMINAL JUSTICE (EVIDENCE) (NORTHERN IRELAND) ORDER 2004 IDENTITY MURDER NORTHERN IRELAND PREVIOUS CONVICTIONS SIMILAR FACT EVIDENCE SUFFICIENCY OF EVIDENCE ON ITS OWN TO ESTABLISH IDENTITY
There was no support for the proposition that the Criminal Justice (Evidence) (Northern Ireland) Order 2004 had changed the law by prohibiting bad character evidence on its own from constituting, in appropriate circumstances, evidence of identity.
ADMISSIBILITY BAD CHARACTER CHILD SEX OFFENCES CRIMINAL EVIDENCE CRIMINAL JUSTICE (EVIDENCE) (NORTHERN IRELAND) ORDER 2004 IDENTITY MURDER NORTHERN IRELAND PREVIOUS CONVICTIONS SIMILAR FACT EVIDENCE SUFFICIENCY OF EVIDENCE ON ITS OWN TO ESTABLISH IDENTITY
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