The defendant appealed against convictions for rape, attempted rape and indecent assault against the daughters of his partner. The allegations were that serious sexual assaults had been repeated over several years. The defendant denied them absolutely. One girl had kept diaries, but these revealed no complaint about the allegations. The judge had not allowed the actual magazine she kept in her bedroom showing sexual positions to the jury, though its nature had been revealed.
Held: The content of the diaries was clear to the jury, but the judge had been correct for neither them nor the magazine to be shown to the jury. He had acted correctly. Equally the defendant had not directly requested the judge to give a Nye character direction. Appeal dismissed.
Judges:
Lord Justice Evans Mr Justice Alliott And Mr Justice Buxton
Citations:
[1997] EWCA Crim 1943
Jurisdiction:
England and Wales
Citing:
Cited – Regina v Nye CACD 1982
When there are previous convictions which are spent, it is not possible to refer to the defendant as a person of good character. It is however possible for a modified direction to be given to the effect that the defendant has no previous convictions . .
Cited – Regina v Makanjuola CACD 17-May-1995
Guidance was given on the directions to be given to the jury where a co-accused speaks for prosecution as a witness and in sexual assault cases. The full corroboration warning is not now needed; the Judge may use his own discretion, and may give a . .
Lists of cited by and citing cases may be incomplete.
Crime
Updated: 11 October 2022; Ref: scu.151398
