Site icon swarb.co.uk

Regina v Osborne: CCCR 1905

The court considered the circumstances under which a court would hear evidence of a similar complaint against the defendant.
Ridley J said: ‘We think, however, if it were a question of the meaning of words, that the better construction of the judgment is that while the Court dealt with the charge in question, as involving in fact, though not in law, the question of consent on the part of the prosecutrix, yet the reasons given for admitting the complaint were two-first, that it was consistent with her story in the witness-box; and, secondly, that it was inconsistent with consent . .’ . . it appears to us that, in accordance with principle, such complaints are admissible, not merely as negativing consent, but because they are consistent with the story of the prosecutrix. In all ordinary cases, indeed, the principle must be observed which rejects statements made by anyone in the prisoner’s absence. Charges of this kind form an exceptional class, and in them such statements ought, under proper safeguards, to be admitted. Their consistency with the story told is, from the very nature of such cases, of special importance. Did the woman make a complaint at once? If so, that is consistent with her story. Did she not do so? That is inconsistent. And in either case the matter is important for the jury.’ and ‘It is only to cases of this kind that the authorities on which our judgment rests apply; and our judgment also is to them restricted. It applies only where there is a complaint not elicited by questions of a leading and inducing or intimidating character, and only when-it is made at the first opportunity after the offence which reasonably offers itself. Within such bounds, we think the evidence should be put before the jury, the judge being careful to inform the jury that the statement is not evidence of the facts complained of, and must not be regarded by them, if believed, as other than corroborative of the complainant’s credibility, and, when consent is in issue, of the absence of consent. ‘

Judges:

Ridley J

Citations:

[1905] 1 KB 551

Cited by:

CitedSpooner, Eric Charles v Regina; (Evidence: Sex abuse) CACD 25-May-2004
The defendant appealed his convictions for child sex abuse, involving assault, rape and buggery, saying that evidence of a recent complaint by a schoolgirl friend of the complainant which was not consistent with other evidence of the complainant . .
Lists of cited by and citing cases may be incomplete.

Criminal Practice

Updated: 13 May 2022; Ref: scu.198131

Exit mobile version