||All England Reporter
|| All ER (D) 143 (Jan)
|| EWCA Crim 19
||Court of Appeal, Criminal Division
Moses LJ, Burnett J and Judge Scott-Gall
||Richard Hearnden (instructed by Mordi & Co) for the defendant.
||Neena Crinnion (instructed by the Crown Prosecution Service) for the Crown.
||26 January 2012
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.
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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