Guilty verdicts on two sample counts of rape relating to a six-year period were logically inconsistent with acquittals on four specific counts of rape against the same victim. A reasonable jury could not, on the paucity of the stand-alone evidence concerning the sample counts, be sure of guilt in relation to them if they rejected the specific events.
CONSENT COUNTS CRIMINAL LAW CRIMINAL PROCEDURE INCONSISTENT VERDICTS JURIES PREVIOUS INCONSISTENT STATEMENTS RAPE
Although a judge’s summing up and jury directions could have been more detailed and better tailored to the facts, they were not so deficient as to affect the safety of a conviction for the commission of sexual offences.
COLLUSION CRIMINAL JUSTICE ACT 2003 s.119(1) CRIMINAL PROCEDURE EFFECT OF SUMMING UP AND JURY DIRECTIONS ON SAFETY JURY DIRECTIONS NO CASE TO ANSWER PREVIOUS INCONSISTENT STATEMENTS s.114(2) s.119 SAFETY OF CONVICTION SEXUAL OFFENCES SUMMING UP
A judge had not erred in law in rejecting an offender’s submission of no case to answer to four counts of rape and two counts of sexual assault, all of a child aged under 13, in circumstances where, despite inconsistencies in the victim’s evidence, through the victim’s various accounts the judge had a clear basis on which to form his conclusion that, applying the principles established in R. v Galbraith (George Charles) [1981] 1 W.L.R. 1039, it was for the jury and not for him to assess the victim’s credibility.
CREDIBILITY CRIMINAL EVIDENCE CRIMINAL PROCEDURE FAMILIAL CHILD SEX OFFENCES INCONSISTENT EVIDENCE FROM VERY YOUNG VICTIM LAWFULNESS OF REJECTION OF SUBMISSION NO CASE TO ANSWER PREVIOUS INCONSISTENT STATEMENTS RAPE SEXUAL ASSAULT SUFFICIENCY OF EVIDENCE WITNESSES
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