Philo-Steele, R. v

Philo-Steele, R. v

The trial judge did not err in refusing the section 41 applications as the evidence sought to be adduced was not relevant to any issue in the case and did not meet the statutory gateway. The convictions are safe. The judge was entitled to find the appellant dangerous and to impose an extended sentence. The sentence was not manifestly excessive or wrong in principle.

Parties
Respondent: R; Appellant: Alexander Philo-Steele
Jurisdiction
England and Wales
Judgment Date
31 July 2020
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Conviction and Sentence
Outcome
Appeal against conviction dismissed; renewed application for leave to appeal against sentence refused.
Legal Topics
Sexual Offences, Child Sexual Abuse, Evidence Law, Appeals, Sentencing
Criminal Law Sexual Offences Child Sexual Abuse Evidence Law Appeals Sentencing

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 4 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

R

Respondent

Alexander Philo-Steele

Appellant

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Conviction and Sentence

Legal Issues

  1. 1 Whether the trial judge erred in refusing two defence applications under section 41 of the Youth Justice and Criminal Evidence Act 1999 to admit evidence of complainants' sexual behaviour
  2. 2 Whether the convictions are unsafe as a result of the refusal of the section 41 applications
  3. 3 Whether the sentence imposed was manifestly excessive or wrong in principle

Ratio Decidendi

The trial judge did not err in refusing the section 41 applications as the evidence sought to be adduced was not relevant to any issue in the case and did not meet the statutory gateway. The convictions are safe. The judge was entitled to find the appellant dangerous and to impose an extended sentence. The sentence was not manifestly excessive or wrong in principle.

Court Disposition

Appeal against conviction dismissed; renewed application for leave to appeal against sentence refused.