The defendant was accused of a rape before 2000. No complaint was made until after 2004. The defendant wished to ask the complainant about her sexual history. It was argued that the former provision had been repealed, and tat the new provisons were not back dated, and that therefore there was no restriction. Held: Though … Continue reading Cartwright, Regina v: CACD 7 Nov 2007
The defendant appealed his conviction for rape saying that the judge had wrongly excluded cross examination of the complainanant, in which he had wanted to establish previous false complaints by her. Held: The appeal failed. The defendant had no evidential basis for the proposed cross examination. The purpose of the rule was not for the … Continue reading Regina v Abdeirahman: CACD 12 May 2005
The defendant had sought to raise the complainant’s sexual history in evidence. The allegation was that he had repeatedly raped his step daughter. He wished to put in evidence that after she had grown up, they had lived together after she had initiated sexual relations when she was 18. The judge had allowed certain parts … Continue reading Regina v F (Complainant’s sexual history): CACD 3 Mar 2005
The defendant, accused of a sexual offence, wished to assert in his defence that the complainant had pestered him for sex, and to question her on this. The judge had not allowed the questions to be put, being questions about her previous sexual behaviour. Held: Where the purpose of the questioning was to undermine the … Continue reading Regina v Martin (Durwayne): CACD 25 Mar 2004
A defendant in an allegation alleging a sexual offence and wanting to introduce evidence of the complainant’s sexual history, could not do so as evidence of the consent of the complainant. He may be able to do so however on the issue of his own belief as to her consent, and where he alleged recent … Continue reading Regina v Y (Sexual Offence: Complainant’s Sexual History): CACD 8 Mar 2001
An appeal was to be heard by the committee in which it was expected that a declaration of incompatibility would be considered in respect of legislation restricting the raising by a defendant on a charge of rape of the complainant’s sexual history. Though the Crown would conduct the appeal, the Home Secretary, whose Act was … Continue reading Regina v A (Joinder of Appropriate Minister): HL 21 Mar 2001
The defendant appealed against his conviction for rape, raising an issue as to the proper approach to a judgment whether to exclude evidence of sexual behaviour of the complainant relating to a ‘relevant issue in the case’ within the meaning of section 41(2) of the 1999 Act. The appellant argued that the trial judge’s ruling … Continue reading Gjoni v Regina: CACD 9 Apr 2014
The fact of previous consensual sex between complainant and defendant could be relevant in a trial of rape, and a refusal to allow such evidence could amount to a denial of a fair trial to a defendant. Accordingly, where the evidence was so relevant . .
Appeal from convictions for serious sexual assaults – judge’s refusal to allow admission of evidence of complainant’s sexual history. Citations: [2006] EWCA Crim 1168 Links: Bailii Statutes: Youth and Criminal Justice Act 1999 41(3) Jurisdiction: England and Wales Crime Updated: 06 October 2022; Ref: scu.242219
The applicant for judicial review (D) had been convicted and sentenced for an offence under section 3 of the 2003 Act, and recommended for deportation. He sought review of the decision of the respondent not to refer his case to the Court of Appeal for reconsideration. A question had arisen as to the existence of … Continue reading Davis, Regina (on The Application of) v Criminal Cases Review Commission: QBD 2 Feb 2010
The appellant appealed against his conviction for serious sexual assaults on his young daughters. He said that he had been denied the opportunity to put to a complainant that she had made other unfounded allegations. Judges: Moore-Bick LJ, Griffith Williams J Citations: [2009] EWCA Crim 2668 Links: Bailii Statutes: Sexual Offences Act 2003, Youth Justice … Continue reading Evans, Regina v: CACD 16 Dec 2009
Evidence from 3rd Party Torture Inadmissible The applicants had been detained following the issue of certificates issued by the respondent that they posed a terrorist threat. They challenged the decisions of the Special Immigration Appeals Commission saying that evidence underlying the decisions had probably been obtained by torture committed by foreign powers, and should not … Continue reading A and others v Secretary of State for the Home Department (No 2): HL 8 Dec 2005
Important point as to the proper interpretation of section 41 of the Youth Justice and Criminal Evidence Act 1999, a section which imposes restrictions at trials for a sexual offence on producing evidence or asking questions about the complainant’s sexual history. Judges: Keene LJ Citations: [2001] EWCA Crim 1877, [2002] 1 WLR 632, [2002] 1 … Continue reading RT, Regina v: CACD 26 Jul 2001
The several defendants complained at the use at their trials of evidence given anonymously. The perceived need for anonymity arose because, from intimidation, the witnesses would not be willing to give their evidence without it. Held: The anonymity ruling did not prevent proper investigation with the witnesses in open court of the essential elements of … Continue reading Regina v Davis (Iain); Regina v Ellis, Regina v Gregory, Regina v Simms, Regina v Martin: CACD 19 May 2006
The determination of a life sentence by the Home Secretary without recourse to a court was unlawful. There had been a violation of article 5(4) because the applicant who had been detained at Her Majesty’s pleasure was unable, after the expiry of his punitive period, to bring the case of his continued detention before a … Continue reading Hussain v The United Kingdom: ECHR 21 Feb 1996
The defendant appealed against his conviction for sexual assault on his child niece. He said that he had not been allowed to put to her allegations that she had made other, and false allegations against boys. Held: The appeal failed: ‘although, essentially, Miss Bache was pursuing a bad character application, out of an excess of … Continue reading Taylor v The Queen: CACD 2 Apr 2014
Same Sex Partner Entitled to tenancy Succession The protected tenant had died. His same-sex partner sought a statutory inheritance of the tenancy. Held: His appeal succeeded. The Fitzpatrick case referred to the position before the 1998 Act: ‘Discriminatory law undermines the rule of law because it is the antithesis of fairness. It brings the law … Continue reading Ghaidan v Godin-Mendoza: HL 21 Jun 2004
No Anonymity for Witnessses in Criminal Trial K was convicted of armed robbery on the basis of statements of anonymous witnesses. He was unable to question those witnesses at any stage. Being unaware of the identity of the witnesses deprived K of the very particulars which would have enabled him to demonstrate the witnesses unreliability. … Continue reading Kostovski v The Netherlands: ECHR 20 Nov 1989
Evidence allowed – Care Application after Abuse Children had made allegations of serious sexual abuse against their step-father. He was acquitted at trial, but the local authority went ahead with care proceedings. The parents appealed against a finding that a likely risk to the children had still been been found. Held: A care order could … Continue reading In re H and R (Minors) (Child Sexual Abuse: Standard of Proof): HL 14 Dec 1995
The defendant appealed his conviction of rape. He had been married to the victim. At trial he sought to put questions to the complainant about whether she now identified as lesbian or bisexual, saying that the complaint was her way now of validating . .
