R v AYS

R v AYS

The evidence of earlier incidents was admissible as bad character evidence and did not require the prosecution to rebut the presumption of doli incapax since no criminal charge was brought for those incidents. The Recorder's questioning, while unnecessary, did not cause unfair prejudice. The jury was adequately directed regarding the grandmother's letter of wishes, and its admission was not unfair. None of the grounds of appeal are arguable, and the conviction is safe.

Parties
Applicant: A Y S; Respondent: Rex
Jurisdiction
England and Wales
Judgment Date
11 September 2024
Procedural Posture
Criminal Appeal / Application for Extension of Time and Leave to Appeal Against Conviction
Outcome
applications for extension of time and for leave to appeal against conviction refused
Legal Topics
Sexual Offences, Indecent Assault, Bad Character Evidence, Doli Incapax, Jury Directions, Extension of Time
Criminal Law Sexual Offences Indecent Assault Bad Character Evidence Doli Incapax Jury Directions Extension of Time

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Parties

A Y S

Applicant

Rex

Respondent

Procedural Posture

Criminal Appeal / Application for Extension of Time and Leave to Appeal Against Conviction

Legal Issues

  1. 1 Whether the conviction is unsafe due to admission of bad character evidence relating to incidents when the applicant was under 14 and the presumption of doli incapax could not be rebutted
  2. 2 Whether the Recorder's questioning of the applicant was unfair and prejudicial
  3. 3 Whether the jury was properly directed regarding the grandmother's letter of wishes and its evidential value

Ratio Decidendi

The evidence of earlier incidents was admissible as bad character evidence and did not require the prosecution to rebut the presumption of doli incapax since no criminal charge was brought for those incidents. The Recorder's questioning, while unnecessary, did not cause unfair prejudice. The jury was adequately directed regarding the grandmother's letter of wishes, and its admission was not unfair. None of the grounds of appeal are arguable, and the conviction is safe.

Court Disposition

applications for extension of time and for leave to appeal against conviction refused

Orders

  • No extension of time granted
  • Leave to appeal against conviction refused