Where a case concerning allegations of rape and of aiding and abetting rape turned entirely on the credibility of the complainant as against the appellants, and evidence which went to that issue had been excluded, even though that had been done with the agreement of defence counsel, the convictions were quashed.
CREDIBILITY CRIMINAL EVIDENCE DEFENCE AGREEING TO EXCLUSION OF EVIDENCE DEFENCE WITNESSES EXCLUSION EXCLUSION OF EVIDENCE PERTINENT TO CREDIBILITY RAPE WITNESS STATEMENTS
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
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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