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Top Criminal Barrister QC and Leading Rape Defence Counsel

FRESH EVIDENCE

April 3, 2019

A grandfather’s convictions for the sexual abuse of his granddaughter were upheld. There was no proper basis for rejecting the granddaughter’s original complaints, which had been detailed in her ABE interview and maintained throughout the trial, and the reliability of a retraction statement she made shortly after sentencing had to be rejected.

APPEALS AGAINST CONVICTION ASSAULT OF CHILD UNDER 13 BY PENETRATION CHILD SEXUAL ABUSE CRIMINAL EVIDENCE CRIMINAL PROCEDURE FALSE STATEMENTS FRESH EVIDENCE RETRACTION SEXUAL ACTIVITY WITH CHILD FAMILY MEMBER

April 2, 2019

The jury directions given at the trial of a well-known publicist for historical sexual offences had not been inadequate or unfair, and his conviction for indecent assault was safe.

CONSENT CRIMINAL EVIDENCE CRIMINAL PROCEDURE FRESH EVIDENCE HISTORICAL OFFENCES INDECENT ASSAULT JURY DIRECTIONS SEXUAL GROOMING SUMMING UP

February 5, 2019

The Criminal Cases Review Commission had been justified in refusing to refer the claimant’s two convictions for sexual offences to the Court of Appeal. The fresh evidence on which he had sought to rely did not give rise to a real possibility that the convictions would not be upheld.

ASSAULT BY PENETRATION CONVICTIONS CRIMINAL CASES REVIEW COMMISSION CRIMINAL EVIDENCE CRIMINAL PROCEDURE EXPERT EVIDENCE FRESH EVIDENCE MEDICAL EVIDENCE RAPE

December 21, 2018

The conviction of a vulnerable adult with a severe learning disability for the offence of sexual activity by a care worker with a person with a mental disability was unsafe, and was accordingly quashed, where inadequate consideration had been given to his learning disability in the course of the trial. Fresh psychological evidence demonstrated that he would have had difficulty in dealing with leading questions asked in cross-examination, and that might have left the jury with a false impression.

CRIMINAL APPEAL ACT 1968 s.23(2)(b) CRIMINAL EVIDENCE CRIMINAL PROCEDURE CRIMINAL PROCEDURE RULES 2015 Pt 19 r.19.6(2)(b) FRESH EVIDENCE JURY DIRECTIONS LEARNING DISABLED PERSONS MEDICAL EVIDENCE MENTALLY DISORDERED PERSONS SEXUAL OFFENCES SEXUAL OFFENCES ACT 2003 s.38 SOCIAL CARE WORKERS VULNERABLE DEFENDANTS

November 18, 2015

A conviction for sexual offences against a child was safe, as medical evidence adduced as fresh had not permitted confident review of a previous diagnosis so as to describe it as ill-founded; taken at its highest it neither supported nor refuted the allegations against the offender. The defence was still that any abuse was perpetrated by another and the jury had decided on the non-medical evidence.

CHILDREN CONVICTION FOR SEXUAL OFFENCES AGAINST CHILD CRIMINAL EVIDENCE CRIMINAL LAW EFFECT OF FRESH MEDICAL EVIDENCE FRESH EVIDENCE GROSS INDECENCY INDECENT ASSAULT MEDICAL EVIDENCE RAPE

October 8, 2015

A conviction for sexual assault was safe where a judge had refused to grant an adjournment to allow the defence time to contact a witness mentioned by the victim for the first time in her evidence in chief. Instead the judge had admitted hearsay evidence which indicated that the witness would not have been able to support the victim’s case.

ADJOURNMENT CRIMINAL EVIDENCE CRIMINAL PROCEDURE DOCUMENTARY HEARSAY EVIDENCE IN CHIEF FRESH EVIDENCE PROPRIETY OF REFUSAL OF REQUEST FOR ADJOURNMENT SEXUAL ASSAULT WITNESS MENTIONED BY VICTIM FOR FIRST TIME IN EVIDENCE IN CHIEF WITNESSES

September 25, 2015

Alleged failures in pre-trial investigation procedure did not affect the safety of the convictions of soldiers found guilty of kidnapping, sexual assault, theft and assault occasioning actual bodily harm.

ACTUAL BODILY HARM ARMED FORCES ARMED FORCES INVESTIGATION ASSAULT AND SEXUAL ASSAULT CRIMINAL EVIDENCE CRIMINAL PROCEDURE DISCLOSURE FAILURE TO KEEP CONTEMPORANEOUS RECORD OF MATERIAL OBTAINED DURING INVESTIGATION FRESH EVIDENCE GERMANY KIDNAPPING PROSECUTION DISCLOSURE SAFETY OF CONVICTION FOR KIDNAPPING SENTENCE LENGTH SENTENCING SEXUAL ASSAULT THEFT TOTALITY OF SENTENCE

August 20, 2015

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

June 10, 2015

Developments in medical knowledge that reduced the diagnostic significance of physical signs of abuse in children did not render a conviction prior to the change in approach unsafe.

CRIMINAL EVIDENCE FRESH EVIDENCE INDECENT ASSAULT MEDICAL EVIDENCE MEDICAL REPORTS OFFENCES AGAINST CHILDREN

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

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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