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Top Criminal Barrister QC and Leading Rape Defence Counsel

JURY DIRECTIONS

November 29, 2019

In an indecent assault trial which turned on the comparative credibility of the complainant and the defendant, the judge should have given a full good-character direction in respect of the defendant. His failure to do so, coupled with his direction that the jury should treat the unchallenged evidence of the defendant’s character witnesses with caution, simply because they knew him well, rendered the defendant’s conviction unsafe.

ADMISSIBILITY BAD CHARACTER CHILDREN’S HOMES CREDIBILITY CRIMINAL EVIDENCE CRIMINAL PROCEDURE DISCLOSURE GOOD CHARACTER HISTORICAL OFFENCES INDECENT ASSAULT JURY DIRECTIONS SEVERANCE

July 18, 2019

Convictions for rape and indecent assault were deemed unsafe where a judge had failed to give a jury clear directions as to whether, and if so how, they could rely on the evidence of each victim when considering the allegations made by the other.

ADMISSIBILITY BAD CHARACTER CAUSING CHILDREN TO ENGAGE IN SEXUAL ACTIVITY CRIMINAL EVIDENCE HISTORICAL OFFENCES INDECENT ASSAULT JURY DIRECTIONS RAPE

May 22, 2019

Despite the absence of certain evidence at trial, the appellant’s convictions for sexual assault and rape of his half-sister were safe, because the totality of the trial process including the directions given and the summing up was fair.

ABUSE OF PROCESS ASSAULT BY PENETRATION CRIMINAL EVIDENCE CRIMINAL PROCEDURE JURY DIRECTIONS POLICE INTERVIEWS PREJUDICE RAPE SEXUAL ASSAULT SEXUAL ASSAULT OF CHILD UNDER 13 WITNESSES

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

March 28, 2019

There might be cases where guidance from the trial judge on myths and stereotypes in rape cases would be appropriate to benefit a defendant, but the instant case, in which the defendant was charged with perjury and perverting the course of justice after making repeated and false allegations of rape, was not one of them. Given the evidence called, even if the guidance had been given, it would not have assisted the defendant.

CRIMINAL PROCEDURE JURY DIRECTIONS PERJURY PERVERTING THE COURSE OF JUSTICE RAPE SENTENCE LENGTH SENTENCING STEREOTYPING VICTIMS

February 1, 2019

A conviction for sexual assault was safe, even though a central piece of evidence for the prosecution was the hearsay statement of the two-and-a-half-year-old victim. The statement had properly been admitted under the Criminal Justice (Evidence) (Northern Ireland) Order 2004 art.18(1)(d) and the judge had given appropriate directions to the jury about how it was to be treated.

ADMISSIBILITY CRIMINAL EVIDENCE CRIMINAL PROCEDURE DISCHARGE OF JURY HEARSAY EVIDENCE JURY DIRECTIONS RES GESTAE SEVERANCE SEXUAL ASSAULT OF CHILD UNDER 13

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

October 16, 2018

The court considered issues relating to the impact of the Youth Justice and Criminal Evidence Act 1999 s.28 and the pre-recorded cross-examination of vulnerable child witnesses, and provided guidance regarding best practice for trial judges and advocates.

CASE MANAGEMENT CHILD SEX OFFENCES CHILDREN CREDIBILITY CRIMINAL EVIDENCE CRIMINAL PROCEDURE CROSS-EXAMINATION JURY DIRECTIONS RIGHT TO FAIR TRIAL SPECIAL MEASURES DIRECTIONS VIDEO RECORDINGS VULNERABLE AND INTIMIDATED WITNESSES

October 10, 2018

It was best practice for a judge to direct a jury before the cross-examination of a vulnerable witness that limitations had been placed on the defence counsel and to explain after the cross-examination the type of issues which the defendant would have wished to explore in further detail. Such directions should be repeated in the summing up.

CHILDREN CRIMINAL EVIDENCE CROSS-EXAMINATION FAMILIAL CHILD SEX OFFENCES JURY DIRECTIONS RAPE OF CHILD UNDER 13 SUMMING UP VULNERABLE AND INTIMIDATED WITNESSES

August 31, 2018

A Lucas direction would not have been appropriate, or helpful to the defendant. where an allegation of sexual assault turned wholly on the jury’s assessment of the respective credibility of the defendant and the complainant.

CHARACTER CRIMINAL EVIDENCE CRIMINAL PROCEDURE DOMESTIC VIOLENCE AND ABUSE FALSE STATEMENTS JURY DIRECTIONS LUCAS DIRECTIONS SEXUAL ASSAULT

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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