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
A judge’s directions to a jury regarding the independence of evidence, the cross-admissibility of evidence over various counts and the danger of complaints of historic abuse were all sufficient and did not either individually or collectively render a defendant’s conviction for sexual offences unsafe.
APPEALS AGAINST CONVICTION CONTAMINATED EVIDENCE CRIMINAL PROCEDURE JURY DIRECTIONS SAFETY OF CONVICTIONS SEXUAL ABUSE OF STEPSONS SEXUAL OFFENCES SUFFICIENCY OF DIRECTIONS TO JURY
A judge had been right in refusing to order the further disclosure of diaries kept by a complainant who had alleged indecent assault by her mother and step-father where the prosecution had stated in open court that they contained no reference to the allegations made. What was important to the defence was the admitted absence of any reference to abuse in any disclosed diary, and the refusal of further disclosure had not been unfair nor prejudicial and did not render the mother and step-father’s convictions for indecent assault and indecency with a child unsafe.
ADDITIONAL DISCLOSURE CRIMINAL PROCEDURE REFUSAL TO ORDER FURTHER DISCLOSURE OF DIARIES CONTAINING NO REFERENCE TO ALLEGATIONS OF INDECENT ASSAULT SAFETY OF CONVICTIONS SUMMING UP
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