BVY, R. v (Rev1) [2024] EWCA Crim 1355 (06 November 2024)
The trial judge applied the correct legal test under s.100(1)(b) of the Criminal Justice Act 2003 and was entitled to conclude that the proposed bad character evidence did not have substantial probative value in relation to C1's credibility. The judge's decision was not unreasonable or legally erroneous, and the convictions were therefore safe.
- Citation
- [2024] EWCA Crim 1355
- Parties
- Respondent: Rex; Appellant: BVY
- Jurisdiction
- England and Wales
- Judgment Date
- 06 November 2024
- Procedural Posture
- Criminal Appeal / Appeal Against Conviction
- Outcome
- appeal dismissed
- Legal Topics
- Bad Character Evidence, Sexual Offences, Admissibility of Evidence, Credibility of Witnesses
Case Brief
Summary, issues, holding and outcome
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Parties
Rex
Respondent
BVY
Appellant
Procedural Posture
Criminal Appeal / Appeal Against Conviction
Legal Issues
- 1 Whether the trial judge erred in refusing to admit bad character evidence of the complainant (C1) under s.100(1)(b) of the Criminal Justice Act 2003 and whether this rendered the convictions unsafe.
Ratio Decidendi
The trial judge applied the correct legal test under s.100(1)(b) of the Criminal Justice Act 2003 and was entitled to conclude that the proposed bad character evidence did not have substantial probative value in relation to C1's credibility. The judge's decision was not unreasonable or legally erroneous, and the convictions were therefore safe.
Court Disposition
appeal dismissed
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