Barlow, R v [2000] EWCA Crim 7 (03 February 2000)

Barlow, R v [2000] EWCA Crim 7 (03 February 2000)

The trial judge's directions on similar fact evidence, collusion, and the need to consider each count separately were adequate and cannot be faulted. There was no requirement for further specific directions on propensity or to distinguish between evidence capable or incapable of amounting to similar fact evidence. The jury was properly directed and the convictions are safe.

Citation
[2000] EWCA Crim 7
Parties
Appellant: Appellant (unnamed); Respondent: Crown
Jurisdiction
England and Wales
Judgment Date
03 February 2000
Procedural Posture
Criminal Appeal / Appeal Against Conviction
Outcome
appeal dismissed
Legal Topics
Indecent Assault, Similar Fact Evidence, Jury Directions, Appeal Against Conviction
Criminal Law Indecent Assault Similar Fact Evidence Jury Directions Appeal Against Conviction

Case Brief

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Parties

Appellant (unnamed)

Appellant

Crown

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Conviction

Legal Issues

  1. 1 Whether the trial judge's directions on similar fact evidence were flawed and rendered the convictions unsafe
  2. 2 Whether the judge failed to properly direct the jury on collusion, similarity, and propensity
  3. 3 Whether there was inconsistency in the verdicts

Ratio Decidendi

The trial judge's directions on similar fact evidence, collusion, and the need to consider each count separately were adequate and cannot be faulted. There was no requirement for further specific directions on propensity or to distinguish between evidence capable or incapable of amounting to similar fact evidence. The jury was properly directed and the convictions are safe.

Court Disposition

appeal dismissed

Orders

  • Leave to renew the application refused
  • Appeal against conviction dismissed