| Source: | All England Reporter |
| Publisher Citation: | [2009] All ER (D) 156 (Jan) |
| Neutral Citation: | [2008] EWCA Crim 2859 |
| Court: | Court of Appeal, Criminal Division |
| Judge: | Lord Judge CJ, Rafferty and Dobbs JJ |
| Representation | Timothy Cray (assigned by the Registrar of Criminal Appeals) for the defendant |
| Nadia Chbat (instructed by the Crown Prosecution Service) for the Crown. | |
| Judgment Dates: | 19 November 2008 |
Catchwords
Criminal evidence - Sexual offence - Indecent assault - Cross-examination of complainant about previous sexual experience - Statutory restriction on evidence or questions about complainant's previous sexual history - Complainant alleging that at time of offences no sexual contact with person other than defendant - Medical records revealing evidence to the contrary - Judge refusing defendant leave to cross-examine complainant on medical records - Whether conviction unsafe
The Case
Criminal evidence Sexual offence. Court of Appeal, Criminal Division: The defendant's conviction of four counts of indecent assault was quashed the jury did not have all of the available admissible relevant material, namely medical records revealing sexual activity with another person at the time of the alleged offences, which went to rebut the evidence adduced by the prosecution.
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