AFJ, R. v [2023] EWCA Crim 866 (30 June 2023)

AFJ, R. v [2023] EWCA Crim 866 (30 June 2023)

The trial judge erred in both withdrawing the case from the jury and refusing to admit bad character evidence; the evidence was sufficient for a jury to infer sexual intent and the prior conviction was relevant and admissible.

Source-derived case information.

Citation
[2023] EWCA Crim 866
Parties
Prosecutor: Rex; Defendant: AFJ
Jurisdiction
England and Wales
Judgment Date
30 June 2023
Procedural Posture
Criminal Appeal / Leave to Appeal Against Trial Judge's Rulings
Outcome
appeal allowed
Legal Topics
Bad Character Evidence, No Case to Answer, Assault With Intent to Commit a Sexual Offence, Attempted Robbery
Criminal Law Bad Character Evidence No Case to Answer Assault With Intent to Commit a Sexual Offence Attempted Robbery

Source-derived case record

Summary, issues, holding and outcome

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Parties

Rex

Prosecutor

AFJ

Defendant

Procedural Posture

Criminal Appeal / Leave to Appeal Against Trial Judge's Rulings

Legal Issues

  1. 1 Whether the trial judge erred in ruling there was no case to answer for assault with intent to commit a sexual offence
  2. 2 Whether the trial judge erred in refusing to admit evidence of bad character

Ratio Decidendi

The trial judge erred in both withdrawing the case from the jury and refusing to admit bad character evidence; the evidence was sufficient for a jury to infer sexual intent and the prior conviction was relevant and admissible.

Court Disposition

appeal allowed

Orders

  • Case returned to Crown Court for retrial before a different judge