Source: All England Reporter
Publisher Citation: [2005] All ER (D) 197 (Nov)
Court: Court of Appeal, Criminal Division

Moses LJ, Burton J and Judge Goldsack QC

Representation Christopher Henley (instructed by Guney, Clarke & Ryan) for the defendant.
  Philip Shorrock (instructed by the Crown Prosecution Service) for the Crown.
Judgment Dates: 15 November 2005


Criminal law - Trial - Direction to jury - Adequacy - Defendant convicted on two counts of rape - Judge failing to direct jury to consider similarities between offences in light of dissimilarities - Whether judge giving adequate direction to jury.

The Case

Where the similarities between two offences were only just sufficient for the question of whether the evidence of one complainant supported the evidence of the other to be left to the jury, there were two options open to the judge: the first was to tell the jury to treat the two counts separately and the second was to be careful to identify the similarities relied on by the Crown and the dissimilarities relied on by the defendant.

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