Aboulkadir & Ors, R v
Despite criticisms of the trial judge's conduct, the Court of Appeal found that the applicants received a fair trial, the rulings on evidence were correct, and the summing-up was fair and balanced. The convictions were deemed safe and leave to appeal was refused.
- 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 upheld
- Legal Topics
- Rape, Sexual Activity With a Child, Fair Trial, Judicial Conduct, Admissibility of Evidence, Cross Examination, Mental Health of Complainants, Summing Up, Interpreter Use
Case Brief
Summary, issues, holding and outcome
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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 Whether the conduct of the trial judge rendered the trial unfair
- 2 Whether the exclusion or admission of certain evidence was proper
- 3 Whether the complainants should have been subject to psychiatric assessment
Ratio Decidendi
Despite criticisms of the trial judge's conduct, the Court of Appeal found that the applicants received a fair trial, the rulings on evidence were correct, and the summing-up was fair and balanced. The convictions were deemed safe and leave to appeal was refused.
Court Disposition
Appeal dismissed; convictions upheld
Full Case Text
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