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Top Criminal Barrister QC and Leading Rape Defence Counsel

CREDIBILITY

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

October 16, 2018

The court considered issues relating to the impact of the Youth Justice and Criminal Evidence Act 1999 s.28 and the pre-recorded cross-examination of vulnerable child witnesses, and provided guidance regarding best practice for trial judges and advocates.

CASE MANAGEMENT CHILD SEX OFFENCES CHILDREN CREDIBILITY CRIMINAL EVIDENCE CRIMINAL PROCEDURE CROSS-EXAMINATION JURY DIRECTIONS RIGHT TO FAIR TRIAL SPECIAL MEASURES DIRECTIONS VIDEO RECORDINGS VULNERABLE AND INTIMIDATED WITNESSES

March 21, 2018

Evidence of a step-father’s controlling behaviour towards his wife and step-son had been relevant evidence at his trial for 16 sexual offences against his step-daughter, as his defence was that his step-daughter was lying and exaggerating his controlling behaviour and the evidence was relevant to the issue of her credibility. A total sentence of 22 years’ imprisonment was not manifestly excessive.

ADMISSIBILITY ASSAULT BY PENETRATION CREDIBILITY CRIMINAL EVIDENCE EVIDENTIARY FACTS RAPE RAPE OF CHILD UNDER 13 SENTENCE LENGTH SENTENCING SEXUAL ASSAULT OF CHILD UNDER 13

March 1, 2018

A judge had not erred in refusing a late application to admit expert evidence as to an appellant’s intellectual ability to assess age at his trial for child sex offences. The assessment of age was not a particularly intellectual process and the appellant’s own evidence had been that he had no difficulty with judging age.

AGE CREDIBILITY CRIMINAL EVIDENCE EXPERT EVIDENCE LEARNING DISABILITIES MEETING CHILDREN FOLLOWING SEXUAL GROOMING SEXUAL ACTIVITY WITH CHILDREN

July 22, 2015

An appellant’s conviction for rape was safe where there was substantial evidence before the jury that the victim was intoxicated and incapable of consenting to sexual intercourse with him. There was no presumption that the conviction was unsafe because the judge did not give a good character direction.

CAUTIONS CONSENT CREDIBILITY CRIMINAL EVIDENCE CRIMINAL PROCEDURE GOOD CHARACTER JURY DIRECTIONS RAPE

June 24, 2015

In a criminal case concerning historical sexual offences, the judge had not favoured the prosecution in his directions to the jury, and the appellate court was not left with any sense of unease about the safety of the convictions.

“HISTORIC” OFFENCES CHILD SEX OFFENCES CREDIBILITY CRIMINAL EVIDENCE CRIMINAL PROCEDURE INDECENT ASSAULT JURY DIRECTIONS NORTHERN IRELAND UNSAFE CONVICTIONS

June 23, 2015

The Northern Ireland Public Prosecution Service had not erred in making a decision not to prosecute an alleged rape of a 14-year-old boy with moderate learning difficulties; there was a clear factual basis for the finding that there were insufficient grounds to mount a prosecution.

CREDIBILITY CRIMINAL EVIDENCE CRIMINAL LAW CRIMINAL PROCEDURE DECISIONS TO PROSECUTE PROSECUTION EVIDENCE QUASHING ORDERS RAPE OF CHILD UNDER 13 SUFFICIENCY OF EVIDENCE

May 20, 2015

Although the prosecution’s failure to disclose to a defendant certain evidence casting doubt upon the credibility of the complainant in his rape trial was deplorable, the evidence was not so significant as to have affected the safety of the rape convictions.

CREDIBILITY CRIMINAL APPEAL ACT 1995 CRIMINAL CASES REVIEW COMMISSION CRIMINAL EVIDENCE CRIMINAL PROCEDURE DISCLOSURE FAILURE TO DISCLOSE EVIDENCE CASTING DOUBT ON COMPLAINANT’S CREDIBILITY FRESH EVIDENCE RAPE TRIAL

May 20, 2015

Undisclosed historic material from the police and social services which included information regarding previous sexual allegations made by a rape victim that had not been pursued because of concerns expressed by professionals regarding her credibility did not significantly undermine the victim’s credibility so as to affect the safety of the offender’s conviction.

CREDIBILITY CRIMINAL CASES REVIEW COMMISSION CRIMINAL EVIDENCE CRIMINAL PROCEDURE PROSECUTION DISCLOSURE RAPE SEXUAL OFFENCES (AMENDMENT) ACT 1976 s.2

May 5, 2015

In a high-profile case concerning historical sexual offences, the trial judge had not erred in her approach to pre-trial publicity, had properly summed up the defence case, and had given the jury proper directions as to the burden and standard of proof, lies and inconsistencies.

CHILD SEX OFFENCES CREDIBILITY CRIMINAL EVIDENCE CRIMINAL PROCEDURE JURY DIRECTIONS NORTHERN IRELAND PUBLICITY

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"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