||All England Reporter
|| All ER (D) 249 (Jun)
||Court of Appeal, Criminal Division
Clarke LJ, Hughes and Dobbs JJ
||Mark Barlow (assigned by the Registrar of Criminal Appeals) for the defendant.
||Louise Blackwell (instructed by the Crown Prosecution Service) for the Crown.
||22 June 2005
Criminal evidence and procedure - Trial - Direction to jury - Delay in bringing prosecution - Evidence of recent complaint - Inconsistencies in evidence - Sexual offence - Reference by Criminal Cases Review Commission under , s 9 - Conviction not unsafe.
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.
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