| Source: | All England Reporter |
| Publisher Citation: | [2007] All ER (D) 239 (Feb) |
| Court: | Court of Appeal, Criminal Division |
| Judge: | Thomas LJ, Cox J and Judge Wide QC |
| Representation | Jeremy Lindsay (assigned by the Registrar of Criminal Appeals) for the defendant. |
| Stephen Lowne (instructed by the Crown Prosecution Service) for the Crown. | |
| Judgment Dates: | 20 February 2007 |
Catchwords
Criminal evidence - Character of accused - Previous conviction - Sexual activity with a child - Causing or inciting sexual activity - Judge admitting evidence of previous conviction to show propensity - Whether conviction unsafe - , s 101(1)(d).
The Case
Where the defendant had been convicted of sexual activity with a child and causing or inciting sexual activity, the conviction could not be regarded as unsafe as although the judge had been in error in admitting a previous conviction as evidence of propensity, he had directed the jury correctly that they should not conclude that the defendant was guilty of the indicted offences because of his previous conviction.
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