Source: All England Reporter
Publisher Citation: [2004] All ER (D) 237 (Jan)
Court: Court of Appeal, Criminal Division
Judge:

Latham LJ, Curtis and Bell JJ
Representation Jason Smith (assigned by the Registrar of Criminal Appeals) for the defendant.
  Eric Lamb (instructed by the Crown Prosecution Service) for the Crown.
Judgment Dates: 26 January 2004

Catchwords

Criminal evidence and procedure - Evidence - Sufficiency of evidence - Safety of conviction.

The Case

In the circumstances of the instant case, which concerned the attempted rape of a child, whilst there had been no incontrovertible evidence, medical evidence which indicated that certain injuries had been caused by the pulling apart of the victim's labia, the fact that an inference might be drawn from the cause of the victim's broken femur and the defendant's failure to give evidence was ample evidence on which it been was open to the jury to convict.

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