A, R v

A, R v

The trial judge was entitled to admit the bad character evidence as relevant to propensity, given the specific nature of the appellant's sexual interest and the connection to the offences charged, and had properly balanced relevance and prejudice; the passage of time and order of events did not render the evidence inadmissible or the proceedings unfair.

Parties
Appellant: A; Respondent: Regina
Jurisdiction
England and Wales
Judgment Date
05 March 2009
Procedural Posture
Criminal Appeal / Appeal Against Conviction
Outcome
Appeal dismissed
Legal Topics
Bad Character Evidence, Propensity, Admissibility of Evidence, Sexual Offences, Incest, Rape, Indecent Assault, Indecent Photographs
Criminal Law Bad Character Evidence Propensity Admissibility of Evidence Sexual Offences Incest Rape Indecent Assault +1 more

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Parties

A

Appellant

Regina

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Conviction

Legal Issues

  1. 1 Whether the trial judge erred in admitting evidence of the appellant's bad character under sections 101 and 103 of the Criminal Justice Act 2003
  2. 2 Whether the passage of time between the offences and the bad character evidence rendered the evidence inadmissible or unfairly prejudicial

Ratio Decidendi

The trial judge was entitled to admit the bad character evidence as relevant to propensity, given the specific nature of the appellant's sexual interest and the connection to the offences charged, and had properly balanced relevance and prejudice; the passage of time and order of events did not render the evidence inadmissible or the proceedings unfair.

Court Disposition

Appeal dismissed