A summing up which repeatedly invited the jury to consider what motive the complainant would have for lying in relation to her allegations of sexual abuse by the defendant failed to strike a fair and proper balance between prosecution and defence.
CHILD SEX OFFENCES CREDIBILITY CREDIBILITY OF COMPLAINANT CRIMINAL EVIDENCE CRIMINAL PROCEDURE DUTY TO STRIKE FAIR BALANCE BETWEEN PROSECUTION AND DEFENCE FAIRNESS IMPARTIALITY SUMMING UP VICTIMS
Fresh evidence did not render a conviction for rape unsafe as the evidence, which related to an alleged assault on the complainant when she was younger, would not have affected the complainant’s credibility in the eyes of the jury. Further, there was no reasonable explanation for the defence not to have adduced the evidence at trial.
ADMISSIBILITY CONSENT CREDIBILITY CREDIBILITY OF COMPLAINANT CRIMINAL EVIDENCE FALSE ACCOUNT OF SEXUAL ASSAULT FRESH EVIDENCE INCONSISTENT EVIDENCE ABOUT ALLEGED PREVIOUS ASSAULT ON COMPLAINANT RAPE REASONABLE EXPLANATION FOR NOT ADDUCING EVIDENCE AT TRIAL
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