||All England Reporter
|| All ER (D) 220 (Nov)
||Court of Appeal, Criminal Division
Tuckey LJ, Hodge J and the Recorder of Chester
||Francis Laird (assigned by the Registrar of Criminal Appeals) for the defendant.
||William Rickarby (instructed by the Crown Prosecution Service) for the Crown.
||17 November 2005
Criminal law - Trial - Direction to jury - Sexual offences - Reminding jury of evidence of complainant - Whether judge failing to remind jury of cross-examination - Whether amounting to material irregularity - Conviction of co-accused - Whether admissible.
In the instant case, the judge had correctly permitted the prosecution to adduce evidence of a co-defendant's conviction for indecent assault, arising out of an incident in which the defendant had allegedly raped the complainant, as relevant background evidence. However, two convictions for indecent assault arising from a different, specific, incident, were unsafe as the judge had failed to remind the jury adequately of the cross-examination of a complainant, whose evidence the judge had reminded the jury of during their deliberations. That failure was a material irregularity and the convictions were unsafe.
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