The Case

In the circumstances of the instant case, where the Criminal Cases Review Commission had referred a defendant's conviction for sexual offences against his daughter back to the Court of Appeal following an unsuccessful appeal against conviction, pursuant to s9 of the the conviction was not unsafe. The judge's direction as to the issue and evidence of recent complaint could not be criticised. The direction as to delay had been sufficient, as there had been no particular point connected to delay that should have drawn to the jury's attention and the judge had made it clear to the jury that the consequences of delay should be taken into account when considering the burden and balance of proof. The conviction was not unsafe.