R v VA

R v VA

The trial judge erred in restricting cross-examination of the complainant regarding previous opportunities to make allegations and about another alleged abuser, and erred in admitting highly prejudicial bad character evidence of indecent images without a satisfactory evidential basis linking the appellant to the images. These errors, taken together, rendered the conviction unsafe.

Parties
Prosecution: Regina; Appellant/defendant: V A
Jurisdiction
England and Wales
Judgment Date
28 July 2016
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Conviction
Outcome
Appeal allowed; convictions quashed; retrial ordered.
Legal Topics
Sexual Offences, Indecent Assault, Indecency With a Child, Bad Character Evidence, Cross Examination of Complainant, Section 41 Youth Justice and Criminal Evidence Act 1999, Admissibility of Evidence
Criminal Law Sexual Offences Indecent Assault Indecency With a Child Bad Character Evidence Cross Examination of Complainant Section 41 Youth Justice and Criminal Evidence Act 1999 Admissibility of Evidence

Case Brief

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Parties

Regina

Prosecution

V A

Appellant/defendant

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Conviction

Legal Issues

  1. 1 Whether the trial judge erred in restricting cross-examination of the complainant regarding previous opportunities to make allegations and other alleged abusers
  2. 2 Whether the trial judge erred in admitting bad character evidence of indecent images found on computers linked to the appellant
  3. 3 Whether these errors rendered the conviction unsafe

Ratio Decidendi

The trial judge erred in restricting cross-examination of the complainant regarding previous opportunities to make allegations and about another alleged abuser, and erred in admitting highly prejudicial bad character evidence of indecent images without a satisfactory evidential basis linking the appellant to the images. These errors, taken together, rendered the conviction unsafe.

Court Disposition

Appeal allowed; convictions quashed; retrial ordered.

Orders

  • Convictions on all counts quashed.
  • Fresh indictment to be served and defendant to be re-arraigned within two months.