AAM, R. v [2021] EWCA Crim 1720 (19 November 2021)

AAM, R. v [2021] EWCA Crim 1720 (19 November 2021)

Although the trial judge did not give a specific direction on the use of evidence of reprehensible behaviour, the conventional directions given, the nature of the evidence, and the manner in which it was tested and summarised were sufficient to ensure the jury would not misuse the evidence. There was no risk of improper reliance on such evidence, and the convictions are safe.

Citation
[2021] EWCA Crim 1720
Parties
Appellant: AAM; Respondent: Regina
Jurisdiction
England and Wales
Judgment Date
19 November 2021
Procedural Posture
Criminal Appeal / Appeal Against Conviction
Outcome
Appeal dismissed; conviction upheld.
Legal Topics
Rape, Bad Character Evidence, Jury Directions, Consent, Reasonable Belief in Consent
Criminal Law Rape Bad Character Evidence Jury Directions Consent Reasonable Belief in Consent

Case Brief

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Parties

AAM

Appellant

Regina

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Conviction

Legal Issues

  1. 1 Whether the trial judge's failure to give a specific bad character direction regarding evidence of reprehensible behaviour rendered the conviction unsafe

Ratio Decidendi

Although the trial judge did not give a specific direction on the use of evidence of reprehensible behaviour, the conventional directions given, the nature of the evidence, and the manner in which it was tested and summarised were sufficient to ensure the jury would not misuse the evidence. There was no risk of improper reliance on such evidence, and the convictions are safe.

Court Disposition

Appeal dismissed; conviction upheld.