| Source: | All England Reporter |
| Publisher Citation: | [2006] All ER (D) 55 (Aug) |
| Neutral Citation: | [2006] EWCA Crim 2006 |
| Court: | Court of Appeal, Criminal Division |
| Judge: | Latham LJ, Irwin J and Sir Richard Curtis |
| Representation | Michael Wolff (assigned by the Registrar of the Court of Appeal) for the defendant. |
| Anne Whyte (instructed by Stephensons) for the prosecution. | |
| Judgment Dates: | 10 August 2006 |
Catchwords
Criminal evidence - Sexual offence - Statement by victim - Previous truthful statement against other offenders - Whether evidence of previous truthful statement admissible - Whether evidence of previous truthful statement relevant to issue in case.
The Case
It was settled law that for evidence to be admissible as relevant it had to be logically probative of a fact in issue between the parties. In the circumstances of the instant case the mere fact that the complainant had told the truth on other occasions in relation to other indecent assaults against her, even if in the same context, could not have been logically probative of the facts that she had alleged in relation to the defendant. Accordingly, the judge had been wrong to admit the material and the appeal would be allowed.
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