Source: All England Reporter
Publisher Citation: [2002] All ER (D) 478 (Oct)
Neutral Citation: [2002] EWCA Crim 2352
Court: Court of Appeal, Criminal Division
Judge:

Clarke LJ, Pitchford J and Judge Fabyan Evans

Representation Peter John Kelson QC (assigned by the Registrar of Criminal Appeals) for the defendant.
  James Stevenson Baird (instructed by the Crown Prosecution Service) for the Crown.
Judgment Dates: 18 October 2002

Catchwords

Criminal evidence and procedure - Trial - Summing up - Direction to jury - Special warning - Contradictory evidence - Indecent assault - Rape - Safety of conviction.

The Case

Where a judge had failed to give a direction to a jury urging them to exercise special caution in considering whether the complainant had been telling the truth having regard to the contradictory evidence, the defendant's conviction for indecent assault and rape had been unsafe and would be quashed.

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