Source: All England Reporter
Publisher Citation: [2009] All ER (D) 169 (Jan)
Neutral Citation: [2009] EWCA Crim 20
Court: Court of Appeal, Criminal Division
Judge:

Stanley Burnton LJ, Gross and Royce JJ

Representation Isobel Ascherson (assigned by the Registrar of Criminal Appeals) for the defendant.
  Gillian Etherton (instructed by the Crown Prosecution Service) for the Crown.
Judgment Dates: 23 January 2009

Catchwords

Criminal evidence - Bad character - Rape - Indecent assault - Judge admitting evidence of bad character under hearsay provisions - One witness being available but reluctant to give evidence other witness deceased - Whether judge erring - Whether judge's direction on evidence adequate - Whether conviction unsafe - ss 114, 116.

The Case

Criminal evidence Bad character. Court of Appeal, Criminal Division: The defendant's conviction for rape and indecent assault was quashed where the judge had erred in admitting bad character evidence under the hearsay provisions of the and where his directions on that evidence had been inadequate.

Practice Areas

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