AYS, R. v [2023] EWCA Crim 730 (23 May 2023)

AYS, R. v [2023] EWCA Crim 730 (23 May 2023)

The evidence of earlier incidents was admissible as bad character evidence under the Criminal Justice Act 2003, and the presumption of doli incapax did not require its exclusion. The Recorder's questioning and jury directions did not cause unfair prejudice. The jury was properly directed regarding the grandmother's...

Source-derived case information.

Citation
[2023] EWCA Crim 730
Parties
Applicant: A Y S; Respondent: Rex (The Crown)
Jurisdiction
England and Wales
Judgment Date
23 May 2023
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
Indecent Assault, Bad Character Evidence, Doli Incapax, Extension of Time, Jury Directions
Criminal Law Indecent Assault Bad Character Evidence Doli Incapax Extension of Time Jury Directions

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Parties

A Y S

Applicant

Rex (The Crown)

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether evidence of earlier alleged incidents was properly admitted as bad character evidence under the Criminal Justice Act 2003
  2. 2 Whether the presumption of doli incapax required exclusion of such evidence
  3. 3 Whether the Recorder's questioning and jury directions caused unfair prejudice

Ratio Decidendi

The evidence of earlier incidents was admissible as bad character evidence under the Criminal Justice Act 2003, and the presumption of doli incapax did not require its exclusion. The Recorder's questioning and jury directions did not cause unfair prejudice. The jury was properly directed regarding the grandmother's letter. None of the grounds of appeal were arguable, and the conviction was 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.