The defendant appealed against conviction and sentence for sexual assaults on a 15 year old girl. The complainaint had become so upset that the judge had disallowed continued cross-examination. The defence was as to her credibility.
Held: The appeal failed. By the time the cross examination was halted, the defence team had asked the bulk of its questions, and those which went most directly to the issues; ‘the appellant’s principal defence, to the effect that the allegations against him were fabricated, was fully put to, and explored with, the complainant.’ and ‘ the subsidiary issue (the alleged fragile state of the complainant’s mental health) had also been explored with the complainant in her cross-examination. Aspects of her illness had been pursued with her, including the fact that she suffered from a psychotic illness in 2012, during which she believed that someone was going to kill her. Again, therefore, it could not be said that the premature cessation of her cross-examination prevented the jury from having a clear understanding of that issue.’, and ‘while the complainant’s evidence was obviously very important in this case, it was far from being the only evidence against the appellant. We have already referred to the evidence from Z, the appellant’s alleged admission to Lucy (his then wife), his own admission in evidence as to kissing and cuddling the complainant, and the text messages. ‘
Lord Thomas of Cwmgiedd LCJ, Coulson, Globe JJ
[2014] EWCA Crim 2570
Bailii
England and Wales
Citing:
Cited – Regina v Stretton and McCallion CACD 1988
The complainant had been cross-examined for some time but became ill and was incapable of continuing to give evidence. The trial judge allowed the trial to continue, but gave the jury a clear warning as to how they should approach their task. The . .
Lists of cited by and citing cases may be incomplete.
Criminal Practice
Updated: 01 November 2021; Ref: scu.540492