A judge had been correct to admit a defendant’s previous bad character under the Criminal Justice Act 2003 s.101(1)(g) since the conduct of that defendant in his evidence-in-chief amounted to an attack on prosecution witnesses. However, a sentence of 10 years’ imprisonment had been manifestly excessive for breach of a sexual offences prevention order.
ADMISSIBILITY APPLICATION OF S.101(1)(G) CRIMINAL JUSTICE ACT 2003 BAD CHARACTER BREACH BREACH OF SEXUAL OFFENCES PREVENTION ORDER CONDUCT DURING EVIDENCE-IN-CHIEF CRIMINAL EVIDENCE CRIMINAL JUSTICE ACT 2003 s.101(1)(g) PREVIOUS CONVICTIONS PROPENSITY s.101(1)(d) s.103(1)(b) Sch.15 SENTENCE LENGTH SENTENCING SEXUAL OFFENCES PREVENTION ORDERS
The judge had been wrong to admit documents, prepared by police officers, giving details of methods used in the commission of offences of which the appellant had been previously convicted, but the appellant’s convictions for the instant offences were nevertheless safe. It was important that the formal procedures referred to in R. v Hanson (Nicky) (2005) EWCA Crim 824 , (2005) 1 W.L.R. 3169 were followed.
ADMISSIBILITY ADMISSIBILITY OF INFORMATION ABOUT OFFENCES RETRIEVED FROM POLICE COMPUTER SYSTEM AGREEMENTS AS TO RELEVANT CIRCUMSTANCES OF PREVIOUS CONVICTIONS CASE MANAGEMENT COMPLAINANTS CRIMINAL EVIDENCE CRIMINAL JUSTICE ACT 2003 s.117 CRIMINAL LAW METHODS USED POLICE AND CRIMINAL EVIDENCE ACT 1984 POLICE AND CRIMINAL EVIDENCE ACT 1984 s.73 PREVIOUS CONVICTIONS PROPENSITY RELEVANT SEXUAL OFFENCES REQUIREMENT FOR STATEMENT BY PREVIOUS COMPLAINANT OF SEXUAL OFFENCE s.101 s.101(1)(d) s.101(d) s.103 s.103(1) s.103(1)(a) s.114(1) s.116(2) S.116(2) CRIMINAL JUSTICE ACT 2003 S.117 CRIMINAL JUSTICE ACT 2003 s.117(1) s.117(1)(a) s.2(b) SEXUAL ASSAULTS SEXUAL OFFENCES VICTIMS WITNESS STATEMENTS
Evidence prejudicial to the defence and of no probative value that had inadvertently been disclosed at the appellant’s trial had resulted in unfairness to the appellant and it was doubtful, given the importance of his good character to his defence, that any directions could have overcome that unfairness.
BRITISH VIRGIN ISLANDS CREDIBILITY CRIMINAL EVIDENCE DISCHARGE DISCHARGE OF JURY GOOD CHARACTER INADVERTENT DISCLOSURE JURIES JURY DIRECTIONS MISCARRIAGE OF JUSTICE POLICE WITNESS REVEALED PREVIOUS CHARGE ON SIMILAR OFFENCE PREJUDICIAL EFFECT PROBATIVE VALUE PROPENSITY SEXUAL OFFENCES SUMMING UP UNFAIRNESS TO ACCUSED UNLAWFUL SEXUAL INTERCOURSE
The appellant’s convictions for indecent assaults against young girls over 30 years ago were safe. His sentence would be reduced from seven years to four and a half years as these were not the most serious offences of their kind.
ADMISSIBILITY ALIBI DIRECTION ALIBIS APPEAL AGAINST CONVICTION APPEAL AGAINST SENTENCE APPROPRIATE SENTENCE LENGTH CHARACTER DIRECTION CIVIL EVIDENCE COLLUSION OF WITNESSES CREDIBILITY CRIMINAL APPEALS CRIMINAL JUSTICE ACT 1988 s.23 CRIMINAL LAW DELAY DELAY BETWEEN OFFENCES AND TRIAL FAILURE TO GIVE ALIBI DIRECTION HEARSAY HEARSAY EVIDENCE INDECENT ASSAULT INDECENT ASSAULTS AGAINST CHILDREN JUDGE’S DIRECTIONS JURY DIRECTIONS LEAVE TO ADDUCE HEARSAY EVIDENCE REFUSED PREVIOUS CONVICTIONS PROPENSITY SELECTIVE INTRODUCTION SENTENCING SEXUAL OFFENCES TIME WITNESS STATEMENTS
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