The fact that an intermediary had provided physical and emotional support to a vulnerable and distressed complainant during a rape trial did not result in a serious risk of unfairness to the defendant. Both counsel and the judge had warned the jury to approach the complainant’s evidence untrammelled by sympathy.
CONDUCT CRIMINAL APPEAL ACT 1968 s.23 CRIMINAL EVIDENCE EXPERT EVIDENCE FRESH EVIDENCE INTERMEDIARIES JURY DIRECTIONS RAPE
Fresh evidence which cast doubt on the credibility of a complainant’s evidence had sufficient impact on the safety of a conviction for rape for it to be quashed. However, the evidence did not have the same impact on the complainant’s credibility in respect of allegations of sexual assault, which were upheld.
ADMISSIBILITY CREDIBILITY CRIMINAL APPEAL ACT 1968 s.23 CRIMINAL EVIDENCE FRESH EVIDENCE MEDICAL EVIDENCE RAPE SEXUAL ASSAULT
Where an offender had been convicted of historic sexual offences in respect of his step-daughter, who was five or six years’ old at the time of the abuse, the appropriate sentence was a term of five years’ imprisonment. The key to the sentencing exercise in such cases was to assess the harm from the offending and the culpability of the offender, taken with any aggravating and mitigating factors, while always bearing in mind the statutory maximum at the relevant time.
“HISTORIC” OFFENCES APPROPRIATE SENTENCE LENGTH BREACH OF TRUST CHILD SEX OFFENCES CHILDREN CRIMINAL APPEAL ACT 1968 s.23 INDECENT ASSAULT s.23(2)(a) s.23(2)(d) SENTENCE LENGTH SENTENCING WHETHER VERDICTS UNSAFE ON BASIS OF NEW EVIDENCE NOT AVAILABLE AT TIME OF TRIAL
A conviction for attempted rape was quashed following the admission of new DNA evidence taken from clothing worn by the victim at the time of the offence.
ATTEMPTS CRIMINAL APPEAL ACT 1968 s.23 CRIMINAL EVIDENCE DNA EVIDENCE IDENTIFICATION NEW AND COMPELLING EVIDENCE RAPE UNSAFE CONVICTIONS
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
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