Evidence which was sought to be admitted under the Criminal Justice Act 2003 s.101(1)(d) as evidence of propensity was not inadmissible simply because the behaviour it evidenced post-dated the offences being tried.
ADMISSIBILITY BAD CHARACTER CRIMINAL EVIDENCE CRIMINAL JUSTICE ACT 2003 s.101(1)(d) EVIDENCE OF PROPENSITY GUILTY PLEAS GUILTY PLEAS TO OFFENCES CONCERNING INDECENT IMAGES OF CHILDREN ADDUCED IN SUBSEQUENT TRIAL FOR INDECENT ASSAULT INDECENT ASSAULT INDECENT IMAGES OFFENCES POST-DATING ALLEGED INDECENT ASSAULT INDECENT PHOTOGRAPHS OF CHILDREN PROPENSITY s.101(3) s.103(1)(a)
In a trial in which the defendant was charged with sexual offences, the judge had been wrong to admit “bad character” evidence suggesting that the defendant was a voyeur.
ADMISSIBILITY BAD CHARACTER CRIMINAL EVIDENCE CRIMINAL JUSTICE ACT 2003 s.101(1)(c) DEFENDANT CHARGED WITH SEXUAL OFFENCES PROPRIETY OF DECISION TO ADMIT EVIDENCE OF ALLEGED VOYEURISTIC CONDUCT s.101(1) s.101(1)(d) s.101(3) s.102 s.103(1) s.103(1)(a) s.103(3) s.112(1)
The erroneous admission of disputed bad character evidence by a trial judge had resulted in the trial of collateral issues which significantly contributed to the lengthening of a trial such that it had been very difficult for the jury to maintain focus. Accordingly, the conviction for rape, sexual assault, false imprisonment, threatening to kill and poisoning was unsafe.
ADMISSIBILITY BAD CHARACTER CRIMINAL EVIDENCE CRIMINAL JUSTICE ACT 2003 s.101(1)(d) CRIMINAL PROCEDURE RULES 2005 r.3.10(h) EFFECT OF ADMISSION OF DISPUTED BAD CHARACTER EVIDENCE ON LENGTH OF TRIAL JURY DIRECTIONS LENGTH OF PROCEEDINGS POLICE AND CRIMINAL EVIDENCE ACT 1984 s.74(3) r.1.1(2)(e) r.1.2(1)(a) r.3.5(2)(b) r.31.1(2) RAPE ALLEGATIONS s.101 s.101(1) s.101(1)(b) s.101(1)(c) s.101(1)(f) s.101(1)(g) s.101(3) s.103 s.103(1)(a) s.107 s.78 SEXUAL OFFENCES TRIAL OF SATELLITE ISSUES
Appeals against convictions for numerous and various sexual offences were dismissed where the judge had correctly admitted evidence of the making of complaints under the Criminal Justice Act 2003 s.120(2) and evidence as to bad character, and had not misled the jury in his directions.
ADMISSIBILITY ADMISSION OF EVIDENCE UNDER S.120(2) CRIMINAL JUSTICE ACT 2003 BAD CHARACTER CONSENT CRIMINAL EVIDENCE CRIMINAL JUSTICE ACT 2003 s.120(2) DIRECTIONS JURY DIRECTIONS PROPENSITY RAPE RECENT COMPLAINT s.101(1)(a) s.103(1)(a) s.112 s.114 s.114(1)(d) s.116(2)(b) s.120 s.120(7) s.120(7)(d) SENTENCE LENGTH SENTENCING SEXUAL OFFENCES SUMMING UP
A judge had been correct to admit a defendant’s previous convictions as bad character under the Criminal Justice Act 2003 s.101(1)(d), despite their being over 30 years old, since they had relevant factual similarities to the offence charged and were of sufficient probative force.
ADMISSIBILITY ADMISSIBILITY OF OLD CONVICTIONS FOR OFFENCES SIMILAR TO OFFENCE CHARGED BAD CHARACTER CHILD SEX OFFENCES CRIMINAL EVIDENCE CRIMINAL JUSTICE ACT 2003 s.101(1)(d) EVIDENCE AS TO PROPENSITY PREVIOUS CONVICTIONS PROPENSITY s.101 s.103(1)(a) s.103(2) s.103(3) s.225 s.229 SEXUAL ASSAULT SPENT CONVICTIONS
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
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