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Top Criminal Barrister QC and Leading Rape Defence Counsel

PREVIOUS CONVICTIONS

November 4, 2015

It was a technical error to impose a single global extension period when sentencing for two or more offences by means of consecutive extended sentences. Simplicity was achieved by imposing one single extended sentence on one of the offences, and setting its terms having regard to all the other features of the case.

CONSECUTIVE SENTENCES EXTENDED SENTENCES MEDICAL REPORTS PRE-SENTENCE REPORTS PREVIOUS CONVICTIONS ROBBERY SENTENCING SEXUAL ASSAULT TOTALITY OF SENTENCE

July 9, 2015

Bad character evidence in respect of complainants in sexual assault allegations had been properly excluded where a judge had decided that it lacked substantial probative value as it did not establish a propensity towards general untruthfulness. That exclusion avoided the inevitable, grossly prejudicial, admission of the accused’s previous convictions for sexual offences.

ADMISSIBILITY ATTACKS ON CHARACTER BAD CHARACTER CRIMINAL EVIDENCE CRIMINAL JUSTICE ACT 2003 s.100 CRIMINAL LAW PREVIOUS CONVICTIONS Pt 1 s.100(1)(b) s.101 s.101(1)(d) s.101(1)(g) s.3 SEX OFFENDERS SEXUAL ASSAULT WHETHER JUDGE PROPERLY EXCLUDED COMPLAINANTS’ BAD CHARACTER EVIDENCE

July 3, 2015

Two appeals against conviction for the sexual abuse of children were dismissed. Although the judge should not have allowed the jury to return their verdicts piecemeal, that had not affected the overall safety of the convictions. However, in trials of sexual abuse cases involving multiple counts, trial judges should invite the jury not to return their verdicts until they had concluded their deliberations on all counts.

ADMISSIBILITY APPEALS AGAINST CONVICTION CHILD SEX OFFENCES COUNTS CRIMINAL EVIDENCE CRIMINAL PROCEDURE JURY DIRECTIONS PREVIOUS CONVICTIONS PROPENSITY VERDICTS

April 24, 2015

Two convictions for rape were safe where a judge had admitted evidence of an offender’s single previous conviction for sexual assault. The offences all demonstrated sufficiently unusual behaviour, capable of demonstrating the offender’s propensity to commit offences of the kind charged, to permit admission under the bad character provisions of the Criminal Justice Act 2003.

BAD CHARACTER CRIMINAL EVIDENCE CRIMINAL JUSTICE ACT 2003 PREVIOUS CONVICTIONS RAPE SEXUAL ASSAULT

March 17, 2015

A judge had erred in refusing to allow cross-examination of a rape complainant regarding her previous convictions, as the evidence was of substantial probative value in respect of the question of whether her allegation was worthy of belief. However, the evidence would have had no significant impact on the jury’s consideration of the specific issues of creditworthiness in the circumstances of the case and the conviction was safe.

ADMISSIBILITY BAD CHARACTER CREDIBILITY CREDITWORTHINESS CRIMINAL EVIDENCE CRIMINAL JUSTICE ACT 2003 s.101(1)(b) CROSS-EXAMINATION JUDGE’S REFUSAL TO ALLOW CROSS-EXAMINATION OF RAPE VICTIM CONCERNING HER PREVIOUS CONVICTIONS PREVIOUS CONVICTIONS RAPE s.100 s.100(1)(b) s.100(3)(c) s.101(1)(e) VICTIMS

November 21, 2014

A judge had not erred in admitting evidence of an individual’s previous conviction for possessing an indecent image of a child in his trial for rape and sexual assault of a child. It was admissible as evidence relevant to an issue in the case, namely his inappropriate sexual interest in young girls.

ADMISSIBILITY BAD CHARACTER BASIS OF PLEA CRIMINAL EVIDENCE CRIMINAL JUSTICE ACT 2003 s.101(1)(d) CRIMINAL PROCEDURE PREVIOUS CONVICTION RELATED TO INSTANT ALLEGATIONS PREVIOUS CONVICTIONS RAPE OF CHILD UNDER 13 SEXUAL ASSAULT OF CHILD UNDER 13

March 14, 2014

A judge had not erred in rejecting a submission of no case to answer in a trial for sexual assault where the only evidence against the accused was identification evidence from the victim. However, when admitting evidence of the accused’s previous conviction, the jury should have been told that the accused had only been included in an identification procedure because of his conviction.

ADMISSIBILITY CRIMINAL EVIDENCE CRIMINAL PROCEDURE IDENTIFICATION PREVIOUS CONVICTIONS SEXUAL ASSAULT SUMMING UP TURNBULL DIRECTIONS UNSAFE CONVICTIONS

November 28, 2013

A 30-year delay on the part of a complainant did not render an offender’s convictions for indecent assault, indecency with a child, and rape unsafe as the judge had sufficiently dealt with any prejudice to the offender in his summing up and directions to the jury and there had been other evidence that supported the complainant’s evidence.

“HISTORIC” OFFENCES 30-YEAR DELAY BETWEEN INCIDENT GIVING RISE TO ALLEGATIONS AND COMPLAINANT’S ALLEGATIONS ABUSE OF PROCESS BAD CHARACTER CRIMINAL EVIDENCE CRIMINAL LAW DELAY FAIRNESS INDECENCY INDECENT ASSAULT PREJUDICE TO OFFENDER PREVIOUS CONVICTIONS PROPENSITY RAPE SAFETY OF CONVICTIONS SEXUAL OFFENCES STAY OF PROCEEDINGS

October 25, 2013

The appellant’s conviction for sexual offences committed against a 12- or 13-year-old boy was unsafe given the admission in evidence of his prior conviction for the buggery of a 17-year-old male; the essence of the allegation in the instant case was that the appellant had committed violent, paedophilic offences against the will of a 12- or 13-year-old victim, whereas the buggery offence involved consensual sexual relations with a person who would now be above the age of consent.

ADMISSIBILITY ADMISSIBILITY OF PREVIOUS CONVICTION APPELLANT CHARGED WITH SEXUAL OFFENCES AGAINST 12- OR 13-YEAR-OLD BOY CHILD SEX OFFENCES CRIMINAL EVIDENCE PREVIOUS CONVICTIONS PROPENSITY

June 27, 2013

There was no support for the proposition that the Criminal Justice (Evidence) (Northern Ireland) Order 2004 had changed the law by prohibiting bad character evidence on its own from constituting, in appropriate circumstances, evidence of identity.

ADMISSIBILITY BAD CHARACTER CHILD SEX OFFENCES CRIMINAL EVIDENCE CRIMINAL JUSTICE (EVIDENCE) (NORTHERN IRELAND) ORDER 2004 IDENTITY MURDER NORTHERN IRELAND PREVIOUS CONVICTIONS SIMILAR FACT EVIDENCE SUFFICIENCY OF EVIDENCE ON ITS OWN TO ESTABLISH IDENTITY

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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