CRIMINAL PROCEDURE RULES 2005 r.3.2

June 28, 2013

Where there had been a long delay in bringing a prosecution for indecent assaults, the effect of the delay on the perpetrator’s identification was often best addressed by a short, self-contained direction that focused on the defendant. Although a judge’s direction on the effect of delay on the identification of a Buddhist monk who had sexually assaulted a nine-year old girl in a temple 34 years ago had not been structured in the most appropriate way, it had not amounted to a misdirection and the resulting convictions for indecent assault were safe.

APPROPRIATENESS OF DIRECTION AS TO EFFECT OF DELAY ON IDENTIFICATION OF DEFENDANT CRIMINAL PROCEDURE CRIMINAL PROCEDURE RULES 2005 r.3.2 DELAY DELAY IN BRINGING PROSECUTION FOR INDECENT ASSAULTS IDENTIFICATION INDECENT ASSAULT JURY DIRECTIONS SENTENCE LENGTH SENTENCING WHETHER SENTENCE MANIFESTLY EXCESSIVE

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