The defendant appealed against convictions for several sexual offences. The alleged victim had originally denied that any offending had taken place. The defendant denied that anything had happened. He complained now that the court had accepted in evidence his possession of pornographic magazines.
Held: The interviews should have been edited to exclude discussions of the defendant’s attitudes to sexual acts. That had been used to introduce ‘a wholly spurious basis on which to adduce the evidence of the wife and of the magazines.’ The judge had also failed to give an appropriate Lucas direction. A retrial was ordered.
Judges:
Rose LJ, Astil J, Recorder of Bristol
Citations:
[1997] EWCA Crim 109
Jurisdiction:
England and Wales
Citing:
Cited – Regina v Wright and Ormerod CACD 1990
The defendants were charged with indecent assault on a child of 5, who said that the defendants had hurt her in the back and said naughty things to her. The Judge also admitted evidence from the child’s mother of the complaint the child had made to . .
Cited – Regina v Lucas (Ruth) CACD 1981
People sometimes tell lies for reasons other than a belief that they are necessary to conceal guilt.
Four conditions were identified which must be satisfied before a defendant’s lie could be seen as supporting the prosecution case:-
(1) . .
Cited by:
Cited – Regina v B (Evidence: Propensity) CACD 27-Jan-1997
The defendant appealed his conviction for indecent assaults, denying that any assaults had taken place. He complained that the judge had allowed questioning about his sexual propensities.
Held: Propensity to acts is not admissible as evidence . .
Cited – Ashton , Regina v; Regina v Draz; Regina v O’Reilly CACD 5-Apr-2006
The court considered three appeals where there had been a procedural irregularity, and where the judge had taken some step to overcome that irregularity. In two cases the Crown Court judge had reconstituted himself as a district judge to correct a . .
Lists of cited by and citing cases may be incomplete.
Crime
Updated: 08 October 2022; Ref: scu.149564
