||All England Reporter
|| All ER (D) 325 (Oct)
||Court of Appeal, Criminal Division
Richards LJ, Grigson J and Sir John Blofeld
||James Newton-Price (assigned by the Registrar of Criminal Appeals) for the defendant.
||Peter Asteris (instructed by the Crown Prosecution Service) for the Crown.
||26 October 2006
Criminal law - Trial - No case to answer - Rape - Assault by digital penetration - Whether sufficient evidence - Whether conviction unsafe.
In a case of a defendant who had raped and digitally penetrated his daughter, there had been a sufficient evidential basis entitling the judge to take the view that the case should be left to the jury. Moreover the judge had taken care to emphasise the weaknesses in the prosecution case in his summing up, and the jury had deliberated over a long period and still disbelieved the defendant. It followed that there was no proper basis upon which to interfere with the verdict and the conviction was not unsafe.
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