The defendant appealed against his conviction for rape and against his sentence. He complained that the judge had allowed two unconnected allegations to appear on the same indictment. He had also been convicted of the burglary of the complainant’s home on a different occasion.
Held: The appeal against conviction failed. This was a plain case where it was obviously right for the two counts to be put in the same indictment and it would have been impossible for the jury to deal satisfactorily with the matter if they had not been.
The appeal against sentence succeeded given the unusual circumstances.
Judges:
Elias LJ, Field J, John Batty QC
Citations:
[2013] EWCA Crim 98
Links:
Jurisdiction:
England and Wales
Citing:
Cited – Regina v Kray CACD 1969
The court dealt with a case where prejudice was claimed on behalf of the defendant because of publicity before the trial. Lawton J said: ‘The drama of a trial almost always has the effect of excluding from recollection that which went before.’
Cited – Ludlow v Metropolitan Police Commissioner HL 1971
Two offences can constitute a series of offences, but there has to be some nexus between the offences. Lord Pearson said: ‘In my opinion, however, it is important to notice that there has to be a series of offences of a similar character. For this . .
Lists of cited by and citing cases may be incomplete.
Crime
Updated: 14 November 2022; Ref: scu.471586