Aboulkadir & Ors, R v [2009] EWCA Crim 956 (20 May 2009)

Aboulkadir & Ors, R v [2009] EWCA Crim 956 (20 May 2009)

Despite serious criticisms of the trial judge's conduct, the trial as a whole was fair; none of the alleged errors or incidents rendered the convictions unsafe; the judge's rulings on admissibility, psychiatric assessment, cross-examination, and summing-up were within the proper exercise of judicial discretion.

Citation
[2009] EWCA Crim 956
Parties
Respondent: Regina; Applicant: Adil Aboulkadir; Applicant: Jumaa Saleh; Applicant: Mohammed Abdullahi Jimale; Applicant: Dawt Akal Kefle; Applicant: Maher Zeregergis
Jurisdiction
England and Wales
Judgment Date
20 May 2009
Procedural Posture
Criminal Appeal / Appeal Against Conviction and Sentence
Outcome
Appeal dismissed; convictions and sentences upheld.
Legal Topics
Rape, Sexual Activity With a Child, Fair Trial, Judicial Conduct, Admissibility of Evidence, Cross Examination, Mental Health Assessment, Summing Up, Reasonable Belief as to Age
Criminal Law Rape Sexual Activity With a Child Fair Trial Judicial Conduct Admissibility of Evidence Cross Examination Mental Health Assessment +2 more

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Parties

Regina

Respondent

Adil Aboulkadir

Applicant

Jumaa Saleh

Applicant

Mohammed Abdullahi Jimale

Applicant

Dawt Akal Kefle

Applicant

Maher Zeregergis

Applicant

Procedural Posture

Criminal Appeal / Appeal Against Conviction and Sentence

Legal Issues

  1. 1 Whether the conduct of the trial judge denied the applicants a fair trial
  2. 2 Admissibility of ABE interview and photographs
  3. 3 Refusal to allow psychiatric assessment of complainants

Ratio Decidendi

Despite serious criticisms of the trial judge's conduct, the trial as a whole was fair; none of the alleged errors or incidents rendered the convictions unsafe; the judge's rulings on admissibility, psychiatric assessment, cross-examination, and summing-up were within the proper exercise of judicial discretion.

Court Disposition

Appeal dismissed; convictions and sentences upheld.