Source: All England Reporter
Publisher Citation: [2005] All ER (D) 363 (Apr)
Court: Court of Appeal, Criminal Division

Gage LJ, Curtis and Cox JJ

Representation Emma Nott (assigned by the Registrar for Criminal Appeals) for the defendant.
  Toby Fitzgerald (instructed by the Crown Prosecution Service) for the Crown.
Judgment Dates: 26 April 2005


Criminal evidence and procedure - Evidence - Sexual offence - Cross-examination of complainant - Correctness of judge's decision to refuse cross-examination in respect of previous complaints - Conviction unsafe - , s 41.

The Case

In the circumstances of the instant case, the judge should have permitted the defendant to cross-examine the complainant as to previous, unsubstantiated complaints made by her. There had been material on which the jury could have concluded that the previous allegations had been false. The convictions for sexual assault and common assault would be quashed.

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