Steltner, R. v [2018] EWCA Crim 1479 (14 June 2018)

Steltner, R. v [2018] EWCA Crim 1479 (14 June 2018)

The trial judge correctly excluded evidence of the complainant's previous sexual experience under section 41, as it was irrelevant to the issues of consent and reasonable belief. The admission of the appellant's previous convictions for similar offences was justified to show propensity. The sentence imposed, though stern, was not manifestly excessive or wrong in principle given the aggravating features and the appellant's history.

Citation
[2018] EWCA Crim 1479
Parties
Respondent: Regina; Appellant: Aaron Steltner
Jurisdiction
England and Wales
Judgment Date
14 June 2018
Procedural Posture
Criminal Appeal / Court of Appeal Judgment on Conviction and Sentence
Outcome
Appeal against conviction and sentence dismissed
Legal Topics
Rape, Assault by Penetration, Bad Character Evidence, Section 41 Youth and Criminal Evidence Act 1999, Sentencing Guidelines
Criminal Law Rape Assault by Penetration Bad Character Evidence Section 41 Youth and Criminal Evidence Act 1999 Sentencing Guidelines

Case Brief

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Parties

Regina

Respondent

Aaron Steltner

Appellant

Procedural Posture

Criminal Appeal / Court of Appeal Judgment on Conviction and Sentence

Legal Issues

  1. 1 Whether the trial judge erred in excluding evidence of the complainant's previous sexual experience under section 41 of the Youth and Criminal Evidence Act 1999
  2. 2 Whether the trial judge erred in admitting evidence of the appellant's previous convictions for similar sexual offences under section 101(1)(d) of the Criminal Justice Act 2003
  3. 3 Whether the sentence imposed was manifestly excessive

Ratio Decidendi

The trial judge correctly excluded evidence of the complainant's previous sexual experience under section 41, as it was irrelevant to the issues of consent and reasonable belief. The admission of the appellant's previous convictions for similar offences was justified to show propensity. The sentence imposed, though stern, was not manifestly excessive or wrong in principle given the aggravating features and the appellant's history.

Court Disposition

Appeal against conviction and sentence dismissed