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Top Criminal Barrister QC and Leading Rape Defence Counsel

SUFFICIENCY OF EVIDENCE

July 12, 2019

A defendant had received a fair trial in a case concerning historical child sex offences where various pieces of contemporaneous evidence had been lost or destroyed. There was a substantial amount of additional material that could be used to test the reliability and credibility of the complainant, and the judge had given an impeccable direction to the jury to consider whether the defendant had been placed at a real disadvantage when they decided whether the prosecution had satisfied them of his guilt.

CHILD SEX OFFENCES CRIMINAL EVIDENCE DESTRUCTION OF EVIDENCE HISTORICAL OFFENCES INDECENCY INTERVIEW RECORDS PREJUDICE SUFFICIENCY OF EVIDENCE VIDEO EVIDENCE

June 23, 2015

The Northern Ireland Public Prosecution Service had not erred in making a decision not to prosecute an alleged rape of a 14-year-old boy with moderate learning difficulties; there was a clear factual basis for the finding that there were insufficient grounds to mount a prosecution.

CREDIBILITY CRIMINAL EVIDENCE CRIMINAL LAW CRIMINAL PROCEDURE DECISIONS TO PROSECUTE PROSECUTION EVIDENCE QUASHING ORDERS RAPE OF CHILD UNDER 13 SUFFICIENCY OF EVIDENCE

December 16, 2014

A taxi driver’s conviction for a single offence of sexually assaulting a 17-year-old passenger was not unsafe where the driver had been suffering from undiagnosed diabetes at the time of his police interview and, unbeknown to all, might have been hypoglycaemic. On the facts, the driver’s answers in police interview could not be regarded as having made any difference to the jury being satisfied that the girl was telling the truth.

CRIMINAL EVIDENCE CRIMINAL PROCEDURE DIABETES DIAGNOSIS DRIVERS POLICE INTERVIEWS PRIVATE HIRE VEHICLES SEXUAL ASSAULT SUFFICIENCY OF EVIDENCE UNSAFE CONVICTIONS

March 26, 2014

A judge’s refusal to hold a fact-finding hearing to clarify whether a father, who had been allowed unsupervised contact with his children, had committed indecent assault many years earlier could not be criticised.

CHILDREN CRIMINAL LAW FAMILY LAW FAMILY PROCEEDINGS HEARINGS INDECENT ASSAULT PARENTAL CONTACT SUFFICIENCY OF EVIDENCE

July 31, 2013

The Appeal Division of the Isle of Man had been entitled to conclude that an autistic man’s conviction for sexual assault was safe. The expert evidence adduced by the offender about his condition did not lead to a different conclusion because the evidence, as a whole, supported conviction.

AUTISTIC SPECTRUM DISORDER CREDIBILITY CRIMINAL PROCEDURE ISLE OF MAN SEXUAL ASSAULT SUFFICIENCY OF EVIDENCE UNSAFE CONVICTIONS VULNERABLE DEFENDANTS WEIGHT OF EVIDENCE WHETHER PROCEDURAL SAFEGUARDS SUFFICIENT TO PROTECT AUTISTIC DEFENDANT ACCUSED OF SEXUAL ASSAULT

November 9, 2007

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

Contact Stephen

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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