A Lucas direction would not have been appropriate, or helpful to the defendant. where an allegation of sexual assault turned wholly on the jury’s assessment of the respective credibility of the defendant and the complainant.
CHARACTER CRIMINAL EVIDENCE CRIMINAL PROCEDURE DOMESTIC VIOLENCE AND ABUSE FALSE STATEMENTS JURY DIRECTIONS LUCAS DIRECTIONS SEXUAL ASSAULT
It was doubtful whether there was still a rule that prosecuting counsel could not make a closing speech where the accused was unrepresented. It was preferable to approach the issue as a matter of balance and fairness: it was incumbent on a trial judge, faced with an unrepresented accused, to assess all the circumstances of the case and decide whether it would be fair to allow prosecuting counsel to make a speech.
CHARACTER CLOSING SPEECHES CRIMINAL PROCEDURE DEFENDANTS IN PERSON FAIRNESS OF ALLOWING PROSECUTING COUNSEL TO MAKE CLOSING SPEECH WHERE DEFENDANT UNREPRESENTED RAPE ROBBERY
Possible confusion caused by conflicting good and bad character directions to the jury was sufficient to make an appellant’s conviction for attempting to abduct a child unsafe.
ATTEMPTED ABDUCTION OF CHILD ATTEMPTS CHARACTER CHILD ABDUCTION CRIMINAL EVIDENCE CRIMINAL JUSTICE ACT 2003 s.101(1)(d) CRIMINAL PROCEDURE EFFECT OF CONFLICTING GOOD AND BAD CHARACTER DIRECTIONS ON SAFETY OF CONVICTION EUROPEAN CONVENTION ON HUMAN RIGHTS 1950 art.8 HUMAN RIGHTS INDECENT ASSAULT JURY DIRECTIONS RIGHT TO RESPECT FOR PRIVATE AND FAMILY LIFE s.101(3) s.112 SENTENCE LENGTH SENTENCING SEXUAL OFFENCES PREVENTION ORDERS
Section 58 Crime and Disorder Act 1998 did not have retrospective effect; therefore licence periods could not extended under that provision for offences which occurred before 30 September 1998.
ADMISSIONS CHARACTER CONTRACEPTIVE PILL CRIMINAL EVIDENCE CRIMINAL PROCEDURE CROSS-EXAMINATION DEFENCE COUNSEL TACTICS EARLIER COMPLAINT EXTENDED LICENCE PERIOD FAILURE TO SEEK LEAVE TO QUESTION RAPE VICTIM ON SEXUAL HISTORY JURY DIRECTIONS JURY DIRECTIONS ON RECENT COMPLAINT MEDICAL EVIDENCE RAPE S.58 CRIME AND DISORDER ACT 1998 SENTENCING SEXUAL BEHAVIOUR SEXUAL EXPERIENCE SEXUAL OFFENCES SEXUAL OFFENCES (AMENDMENT) ACT 1976 VICTIMS
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