Source: All England Reporter
Publisher Citation: [2002] All ER (D) 515 (May)
Neutral Citation: [2002] EWCA Crim 1319
Court: Court of Appeal, Criminal Division

Mantell LJ, Field J and Judge Paget QC

Representation Justin Hayhoe (assigned by the Registrar of Criminal Appeals) for the defendant.
  Stuart Neale (instructed by the Crown Prosecution Service) for the Crown.
Judgment Dates: 31 May 2002


Criminal evidence - Trial - Verdict - Defendant convicted of indecent assault of complainant but acquitted of other counts of rape and indecent assault - Whether verdicts inconsistent - Complainant giving evidence that first experience of sexual intercourse with defendant - Evidence from doctor's notes that complainant told her mother she was not a virgin - Judge preventing cross-examination on that fact - Whether judge erring in exercise of his discretion - s 41(1).

The Case

The defendant's conviction for an offence of indecent assault was safe because the jury's verdicts were not inconsistent, and the fact that the judge had prevented cross-examination on the complainant's previous sexual history had not affected the safety of his conviction.

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