| Source: | All England Reporter |
| Publisher Citation: | [2002] All ER (D) 515 (May) |
| Neutral Citation: | [2002] EWCA Crim 1319 |
| Court: | Court of Appeal, Criminal Division |
| Judge: | Mantell LJ, Field J and Judge Paget QC |
| Representation | Justin Hayhoe (assigned by the Registrar of Criminal Appeals) for the defendant. |
| Stuart Neale (instructed by the Crown Prosecution Service) for the Crown. | |
| Judgment Dates: | 31 May 2002 |
Catchwords
Criminal evidence - Trial - Verdict - Defendant convicted of indecent assault of complainant but acquitted of other counts of rape and indecent assault - Whether verdicts inconsistent - Complainant giving evidence that first experience of sexual intercourse with defendant - Evidence from doctor's notes that complainant told her mother she was not a virgin - Judge preventing cross-examination on that fact - Whether judge erring in exercise of his discretion - s 41(1).
The Case
The defendant's conviction for an offence of indecent assault was safe because the jury's verdicts were not inconsistent, and the fact that the judge had prevented cross-examination on the complainant's previous sexual history had not affected the safety of his conviction.
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