Convictions for rape, kidnap and doing acts tending and intended to pervert the course of justice were safe despite a delay of several years between the allegations and the trial. The trial judge had been right to refuse a submission of no case to answer and had clearly directed the jury on the possible prejudice caused to the offenders by the delay.
CRIMINAL PROCEDURE DELAY DELAY OF SEVERAL YEARS BETWEEN ALLEGATION OF RAPE AND TRIAL DIRECTIONS NO CASE TO ANSWER PREJUDICE PREJUDICIAL EFFECT OF DELAY RAPE
Appeals against convictions for numerous and various sexual offences were dismissed where the judge had correctly admitted evidence of the making of complaints under the Criminal Justice Act 2003 s.120(2) and evidence as to bad character, and had not misled the jury in his directions.
ADMISSIBILITY ADMISSION OF EVIDENCE UNDER S.120(2) CRIMINAL JUSTICE ACT 2003 BAD CHARACTER CONSENT CRIMINAL EVIDENCE CRIMINAL JUSTICE ACT 2003 s.120(2) DIRECTIONS JURY DIRECTIONS PROPENSITY RAPE RECENT COMPLAINT s.101(1)(a) s.103(1)(a) s.112 s.114 s.114(1)(d) s.116(2)(b) s.120 s.120(7) s.120(7)(d) SENTENCE LENGTH SENTENCING SEXUAL OFFENCES SUMMING UP
The judge’s summing up had devalued the importance of the effect of the delay between the offences and trial. In the particular circumstances of the case a direction should have been given, warning the jury of convicting the appellant of sexual offences without independent supporting evidence.
ALLEGATIONS OF HISTORIC SEXUAL ACTIVITY WITH YOUNG GIRLS COMPLAINTS CORROBORATION CRIMINAL EVIDENCE CRIMINAL PROCEDURE DELAY DIRECTIONS INDECENT ASSAULT JURY DIRECTIONS NEED FOR INDEPENDENT SUPPORTING EVIDENCE PREJUDICE PREJUDICIAL EFFECT OF SUBSTANTIAL DELAY BETWEEN OFFENCES AND TRIAL SEXUAL ACTIVITY WITH CHILDREN SUMMING UP UNLAWFUL SEXUAL INTERCOURSE WARNINGS ON CORROBORATION AND DELAY
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