Steltner, R. v

Steltner, R. v

The trial judge correctly applied section 41 to exclude evidence of the complainant's prior digital penetration, as it was irrelevant to consent or reasonable belief in consent; the admission of bad character evidence was justified given the similarity and proximity of previous offences; the sentence imposed was stern but not excessive, considering aggravating factors and the appellant's age.

Parties
Respondent: Regina; Appellant: Aaron Steltner
Jurisdiction
England and Wales
Judgment Date
14 June 2018
Procedural Posture
Criminal Appeal / Judgment
Outcome
appeal 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 / Judgment

Legal Issues

  1. 1 admissibility of evidence relating to complainant's previous sexual experience under section 41
  2. 2 admissibility of bad character evidence under section 101(1)(d) Criminal Justice Act 2003
  3. 3 whether sentence was manifestly excessive

Ratio Decidendi

The trial judge correctly applied section 41 to exclude evidence of the complainant's prior digital penetration, as it was irrelevant to consent or reasonable belief in consent; the admission of bad character evidence was justified given the similarity and proximity of previous offences; the sentence imposed was stern but not excessive, considering aggravating factors and the appellant's age.

Court Disposition

appeal dismissed

Orders

  • conviction upheld
  • sentence upheld