The defendant youth appealed his conviction and sentence for rape by oral penetration of a six or seven year old boy. He complained that the evidence contained such inconsistences that the case should not have proceeded. Complaint was also made that the court setting had been inappropriate for a thirteen year old witness.
Held: The evidence as to its essentials was not so inconsistent as to require the judge to intervene. As to the difficulties with the court ‘Such difficulties do not override the demands of the Convention, which does not settle for an inadequate best effort’ but there was no evidence that this defendant had been so overwhelmed as not to be able to take part in the trial. The appeal was dismissed.
Citations:
[2006] EWCA Crim 853
Links:
Statutes:
Sexual Offences Act 2003 1, Criminal Procedure (Attendance of Witnesses) Act 1965 2, Powers of Criminal Courts (Sentencing) Act 2000 91
Jurisdiction:
England and Wales
Citing:
Cited – Regina v Ptohopoulos CACD 1968
The judge withdrew from the jury the central issue whether the appellant was habitually in the company of a prostitute. . .
Cited – Regina v Galbraith CCA 1981
Rejection of Submission of No Case to Answer
The defendant had faced a charge of affray. The court having rejected his submission of having no case to answer, he had made an exculpatory statement from the dock. He appealed against his conviction.
Held: Lord Lane LCJ said: ‘How then . .
Cited – Regina v Shippey and Jedynak 1988
The defendants were tried for rape. The defence pleaded no case to answer saying that the complainant’s evidence was weak uncorroborated and inconsistent.
Held: The judge should assess the evidence and if the evidence of the witness upon whom . .
Cited – Regina v Gallo 2005
The court considered when the inconsistenceis in a prosecution became such as to require the judge to intervene in what was otherwise a jury question.
Held: In exceptional cases ‘where the inconsistencies (whether in the witness’s evidence . .
Cited – V v The United Kingdom; T v The United Kingdom ECHR 16-Dec-1999
The claimant challenged to the power of the Secretary of State to set a tariff where the sentence was imposed pursuant to section 53(1). The setting of the tariff was found to be a sentencing exercise which failed to comply with Article 6(1) of the . .
Cited – Regina v Wren CACD 13-Jul-1993
The defendant was accused of indecent assault. He said that the complainant had consented.
Held: It was necessary for the jury to consider whether the appellant might honestly have believed that the complainant was consenting because that was . .
Cited – D (A Minor), Regina (on the Application of) v Camberwell Green Youth Court HL 27-Jan-2005
The defendant challenged the obligatory requirement that evidence given by a person under 17 in sex or violent offence cases must normally be given by video link.
Held: The purpose of the section was to improve the quality of the evidence . .
Lists of cited by and citing cases may be incomplete.
Crime
Updated: 06 July 2022; Ref: scu.241313