BL, R v

BL, R v

The evidence of the complainant's mother regarding a prior complaint was properly admitted to rebut the inference of recent fabrication, and the jury was adequately directed as to its limited use. The original sentence was manifestly excessive given the appellant's age and health, warranting reduction.

Parties
Appellant: BL; Respondent: THE QUEEN
Jurisdiction
England and Wales
Judgment Date
20 February 2004
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Conviction and Sentence
Outcome
Appeal against conviction dismissed; appeal against sentence allowed in part.
Legal Topics
Indecent Assault, Indecency With a Child, Evidence of Complaint, Sentencing
Criminal Law Indecent Assault Indecency With a Child Evidence of Complaint Sentencing

Case Brief

Summary, issues, holding and outcome

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Parties

BL

Appellant

THE QUEEN

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Conviction and Sentence

Legal Issues

  1. 1 Whether evidence of a prior complaint was properly admitted to rebut alleged recent fabrication
  2. 2 Whether the jury was properly directed on the limited use of the complaint evidence
  3. 3 Whether the sentence imposed was manifestly excessive given the appellant's age and health

Ratio Decidendi

The evidence of the complainant's mother regarding a prior complaint was properly admitted to rebut the inference of recent fabrication, and the jury was adequately directed as to its limited use. The original sentence was manifestly excessive given the appellant's age and health, warranting reduction.

Court Disposition

Appeal against conviction dismissed; appeal against sentence allowed in part.

Orders

  • Sentence of 5 years imprisonment quashed.
  • On Counts 1, 3, and 5, sentence of 2½ years imprisonment substituted.