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.
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
Convictions for indecent assault and gross indecency were unsafe where fresh evidence concerning the sexual function and erectile problems of a participant in the alleged abuse might, if accepted by the jury, have affected its decision to convict the accused as it was capable of providing independent evidence that the complainant’s allegations were not true.
CREDIBILITY CRIMINAL APPEAL ACT 1968 s.23 CRIMINAL EVIDENCE FRESH EVIDENCE FRESH EVIDENCE RELATING TO ERECTILE PROBLEMS OF PARTICIPANT IN ALLEGED SEXUAL ABUSE IMPACT ON SAFETY OF CONVICTIONS POSSIBLE EFFECT ON COMPLAINANT’S CREDIBILITY SEXUAL OFFENCES
A judge had not erred in law in rejecting an offender’s submission of no case to answer to four counts of rape and two counts of sexual assault, all of a child aged under 13, in circumstances where, despite inconsistencies in the victim’s evidence, through the victim’s various accounts the judge had a clear basis on which to form his conclusion that, applying the principles established in R. v Galbraith (George Charles) [1981] 1 W.L.R. 1039, it was for the jury and not for him to assess the victim’s credibility.
CREDIBILITY CRIMINAL EVIDENCE CRIMINAL PROCEDURE FAMILIAL CHILD SEX OFFENCES INCONSISTENT EVIDENCE FROM VERY YOUNG VICTIM LAWFULNESS OF REJECTION OF SUBMISSION NO CASE TO ANSWER PREVIOUS INCONSISTENT STATEMENTS RAPE SEXUAL ASSAULT SUFFICIENCY OF EVIDENCE WITNESSES
Where a case concerning allegations of rape and of aiding and abetting rape turned entirely on the credibility of the complainant as against the appellants, and evidence which went to that issue had been excluded, even though that had been done with the agreement of defence counsel, the convictions were quashed.
CREDIBILITY CRIMINAL EVIDENCE DEFENCE AGREEING TO EXCLUSION OF EVIDENCE DEFENCE WITNESSES EXCLUSION EXCLUSION OF EVIDENCE PERTINENT TO CREDIBILITY RAPE WITNESS STATEMENTS
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
Evidence prejudicial to the defence and of no probative value that had inadvertently been disclosed at the appellant’s trial had resulted in unfairness to the appellant and it was doubtful, given the importance of his good character to his defence, that any directions could have overcome that unfairness.
BRITISH VIRGIN ISLANDS CREDIBILITY CRIMINAL EVIDENCE DISCHARGE DISCHARGE OF JURY GOOD CHARACTER INADVERTENT DISCLOSURE JURIES JURY DIRECTIONS MISCARRIAGE OF JUSTICE POLICE WITNESS REVEALED PREVIOUS CHARGE ON SIMILAR OFFENCE PREJUDICIAL EFFECT PROBATIVE VALUE PROPENSITY SEXUAL OFFENCES SUMMING UP UNFAIRNESS TO ACCUSED UNLAWFUL SEXUAL INTERCOURSE
Where a defendant faced several counts of sexual offences on the same victim, the jury’s verdicts could not be said to be inconsistent where it had convicted the defendant on the only count that had supporting evidence.
ACQUITTAL ON MAJORITY OF COUNTS CARER CEREBRAL PALSY CONVICTION SAFE CREDIBILITY CRIMINAL EVIDENCE CRIMINAL LAW INCONSISTENCY WITH CONVICTION ON SINGLE COUNT INCONSISTENT VERDICTS INDECENT ASSAULT JURIES JURY TRIAL MALE VICTIM SUFFICIENT EVIDENCE WITNESSES
The appellant’s convictions for indecent assaults against young girls over 30 years ago were safe. His sentence would be reduced from seven years to four and a half years as these were not the most serious offences of their kind.
ADMISSIBILITY ALIBI DIRECTION ALIBIS APPEAL AGAINST CONVICTION APPEAL AGAINST SENTENCE APPROPRIATE SENTENCE LENGTH CHARACTER DIRECTION CIVIL EVIDENCE COLLUSION OF WITNESSES CREDIBILITY CRIMINAL APPEALS CRIMINAL JUSTICE ACT 1988 s.23 CRIMINAL LAW DELAY DELAY BETWEEN OFFENCES AND TRIAL FAILURE TO GIVE ALIBI DIRECTION HEARSAY HEARSAY EVIDENCE INDECENT ASSAULT INDECENT ASSAULTS AGAINST CHILDREN JUDGE’S DIRECTIONS JURY DIRECTIONS LEAVE TO ADDUCE HEARSAY EVIDENCE REFUSED PREVIOUS CONVICTIONS PROPENSITY SELECTIVE INTRODUCTION SENTENCING SEXUAL OFFENCES TIME WITNESS STATEMENTS
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