Source: All England Reporter
Publisher Citation: [2012] All ER (D) 143 (Jan)
Neutral Citation: [2012] EWCA Crim 19
Court: Court of Appeal, Criminal Division
Judge:

Moses LJ, Burnett J and Judge Scott-Gall
Representation Richard Hearnden (instructed by Mordi & Co) for the defendant.
  Neena Crinnion (instructed by the Crown Prosecution Service) for the Crown.
Judgment Dates: 26 January 2012

Catchwords

Criminal law - Trial - Rape - Defendant charged with anally raping wife as punishment for adultery - Defendant having no previous convictions for sexual offences - Judge failing to give good character direction - Whether judge having discretion to decline to give good character direction - Whether conviction unsafe.

The Case

Criminal law Trial. The Court of Appeal, Criminal Division held that there was no principle that a judge was justified in declining to give a good character direction merely because he foresaw that the prosecution might be able to diminish its fact and that the failure of a judge to give a modified good character direction rendered the defendant's conviction for the anal rapes of his wife unsafe.

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