| Source: | All England Reporter |
| Publisher Citation: | [2004] All ER (D) 298 (May) |
| Court: | Court of Appeal, Criminal Division |
| Judge: | Maurice Kay LJ, Elias J and Judge Barker QC |
| Representation | Thomas Bayliss QC and Christopher Tehrani (assigned by the Registrar of Criminal Appeals) for the defendant. |
| Paul Worsley QC and Sharon Beattie (instructed by the Crown Prosecution Service) for the Crown. | |
| Judgment Dates: | 20 May 2004 |
Catchwords
Criminal evidence and procedure - Evidence - Similar fact evidence - Rape - Judge admitting evidence as similar fact - Correctness of decision.
The Case
In the circumstances of the instant case, the judge had erred in admitting evidence of a witness under the doctrine of similar fact evidence since the similarity between the evidence of that witness and the evidence of the complaint of rape alleged in the indictment had been in respect of matters admitted by the defendant; in respect of the rape, however, the evidence of the witness was strikingly dissimilar to that of the complainant and was irrelevant. Moreover, the evidence of the witness had introduced avoidable prejudice.
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