Source: All England Reporter
Publisher Citation: [2002] All ER (D) 423 (Mar)
Court: Court of Appeal, Criminal Division

Dyson LJ, Forbes J and Judge Richard Brown

Representation Stephen Coward QC (assigned by the Registrar of Criminal Appeals) for the defendant on the appeal against conviction and (instructed by Flannery & Co, Farnham Common, Slough) on the Attorney General's Reference.
  Richard Horwell (instructed by the Crown Prosecution Service) for the Crown on the appeal against conviction.
  James Price QC (instructed by the Treasury Solicitor) for the Attorney General on the Attorney General's Reference.
Judgment Dates: 26 March 2002


Criminal evidence - Prosecution evidence - Issue as to admissibility - Previous consistent statements - Recent complaint - Exception to principle that evidence inadmissible - Whether judge erring in allowing evidence to be adduced.

The Case

The defendant's conviction for an offence of rape and an offence of indecent assault was safe because the judge had not erred in allowing evidence of a recent complaint to be adduced. The offender's sentence was unduly lenient because it failed to have sufficient regard to the victim.

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