Source: All England Reporter
Publisher Citation: [2003] All ER (D) 44 (Dec)
Court: Court of Appeal, Criminal Division
Judge:

Rix LJ, McCombe J and the Recorder of Middlesbrough
Representation Alan Landsbury (assigned by the Registrar of Criminal Appeals) for the defendant.
  Patrick Griffiths (instructed by the Crown Prosecution Service) for the Crown.
Judgment Dates: 2 December 2003

Catchwords

Criminal evidence and procedure - Indictment - Joinder of offences - Offences in respect of different complainants - Fairness.

The Case

In the circumstances of the instant case, where the allegations of rape made by the first complainant were made on her discovery of allegations of rape made by the second complainant, the judge had properly exercised his discretion in refusing to sever the indictment in respect of each complainant since, in the alternative in relation to the first complainant, the jury would inevitably have become aware of the allegations made by the second complainant. Further, the directions as to the treatment of the evidence of complainant in respect of each other had been fair and considered.

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