A summing up which repeatedly invited the jury to consider what motive the complainant would have for lying in relation to her allegations of sexual abuse by the defendant failed to strike a fair and proper balance between prosecution and defence.
A summing up which repeatedly invited the jury to consider what motive the complainant would have for lying in relation to her allegations of sexual abuse by the defendant failed to strike a fair and proper balance between prosecution and defence.
CHILD SEX OFFENCES CREDIBILITY CREDIBILITY OF COMPLAINANT CRIMINAL EVIDENCE CRIMINAL PROCEDURE DUTY TO STRIKE FAIR BALANCE BETWEEN PROSECUTION AND DEFENCE FAIRNESS IMPARTIALITY SUMMING UP VICTIMS
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
In a case where two children had delayed in complaining of sexual abuse by their stepfather, the judge had not gone beyond the bounds of permissible comment when setting out a number of possible reasons for the delay in disclosure.
CHILD SEX OFFENCES CRIMINAL PROCEDURE DELAY INDECENT ASSAULT RAPE SUMMING UP
The judge’s summing up had devalued the importance of the effect of the delay between the offences and trial. In the particular circumstances of the case a direction should have been given, warning the jury of convicting the appellant of sexual offences without independent supporting evidence.
ALLEGATIONS OF HISTORIC SEXUAL ACTIVITY WITH YOUNG GIRLS COMPLAINTS CORROBORATION CRIMINAL EVIDENCE CRIMINAL PROCEDURE DELAY DIRECTIONS INDECENT ASSAULT JURY DIRECTIONS NEED FOR INDEPENDENT SUPPORTING EVIDENCE PREJUDICE PREJUDICIAL EFFECT OF SUBSTANTIAL DELAY BETWEEN OFFENCES AND TRIAL SEXUAL ACTIVITY WITH CHILDREN SUMMING UP UNLAWFUL SEXUAL INTERCOURSE WARNINGS ON CORROBORATION AND DELAY
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
Investigations discontinued prior to April 1 1997 did not amount to a criminal investigation invoking the committal regime under the Criminal Procedure and Investigations Act 1996 Part I . However a hybrid committal could take place if previous investigations had been put on hold and resurrected following the 1996 Act coming into force.
ABUSE OF PROCESS ADVERSE INFERENCES BUGGERY CARE WORKERS COMMITTAL FOR TRIAL COMMITTALS CRIMINAL EVIDENCE CRIMINAL INVESTIGATIONS CRIMINAL JUSTICE AND PUBLIC ORDER ACT 1994 s.34 CRIMINAL PROCEDURE CRIMINAL PROCEDURE AND INVESTIGATIONS ACT 1996 CROSS-ADMISSIBILITY DELAY FAILURE TO MENTION FACTS INDECENT ASSAULT JURY DIRECTIONS JURY DIRECTIONS AS TO ADVERSE INFERENCES AND CROSS ADMISSIBILITY OF EVIDENCE LOCAL AUTHORITY RESIDENTIAL ESTABLISHMENTS LOCAL GOVERNMENT MAGISTRATES’ COURTS ACT 1980 MANIFESLTLY EXCESSIVE SENTENCE PARTI CRIMINAL PROCEDURE AND INVESTIGATIONS ACT 1996 RAPE RESIDENTIAL CARE S.34 CRIMINAL JUSTICE AND PUBLIC ORDER ACT 1994 SENTENCE LENGTH SENTENCING SEVERANCE SEXUAL OFFENCES SEXUAL OFFENCES COMMITTED AT LOCAL AUTHORITY RESIDENTIAL CENTRE STAY OF PROCEEDINGS SUMMING UP
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