Regina v M (T): CACD 20 Jul 1999

The father of the family had been the principal abuser of his daughters but he also encouraged his son (the appellant) first to watch, and then to participate in the abuse. Later, the son separately abused his sisters. This latter abuse was the basis of all the offences charged. The victims did not blame their brother for what he had done as a child when he witnessed the abuse carried out by his father and participated himself, since their attitude was that he had in fact no real choice. It appears that for this reason (and perhaps for others) no charges were laid in respect of those earlier incidents, but the evidence of those earlier acts of abuse were sought to be adduced.
Held: Kennedy LJ considered also the dangers of providing the jury with substantial documents for consideration.

Judges:

Kennedy LJ

Citations:

[1999] EWCA Crim 2041, [2000] 2 Cr App R 266, [2000] 1 WLR 421, [2000] 1 All ER 148, [1999] Crim LR 982

Jurisdiction:

England and Wales

Criminal Evidence

Updated: 02 September 2022; Ref: scu.158441