D & Ors, R. v

D & Ors, R. v

Possession or viewing of child pornography is capable of being admitted as bad character evidence under gateway D of the Criminal Justice Act 2003 in trials for sexual abuse of children, as it demonstrates a sexual interest in children relevant to an important matter in issue. However, admission is not automatic and must be subject to judicial discretion and proper jury directions. In these appeals, the evidence was properly admitted (with minor errors not affecting safety of convictions), and the appeals are dismissed.

Parties
Appellant: D; Appellant: P; Appellant: U; Respondent: Crown
Jurisdiction
England and Wales
Judgment Date
17 May 2011
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Conviction
Outcome
appeals dismissed
Legal Topics
Bad Character Evidence, Sexual Offences, Admissibility of Evidence, Propensity, False Impression, Explanatory Evidence, Jury Directions
Criminal Law Bad Character Evidence Sexual Offences Admissibility of Evidence Propensity False Impression Explanatory Evidence Jury Directions

Case Brief

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Parties

D

Appellant

P

Appellant

U

Appellant

Crown

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Conviction

Legal Issues

  1. 1 Whether evidence of possession or viewing of indecent photographs of children is admissible as bad character evidence under gateway D of the Criminal Justice Act 2003 in trials for sexual abuse of children
  2. 2 Whether such evidence is admissible under other gateways (F, G, C)
  3. 3 Whether the trial judges' directions to the jury were correct regarding the use of such evidence

Ratio Decidendi

Possession or viewing of child pornography is capable of being admitted as bad character evidence under gateway D of the Criminal Justice Act 2003 in trials for sexual abuse of children, as it demonstrates a sexual interest in children relevant to an important matter in issue. However, admission is not automatic and must be subject to judicial discretion and proper jury directions. In these appeals, the evidence was properly admitted (with minor errors not affecting safety of convictions), and the appeals are dismissed.

Court Disposition

appeals dismissed

Orders

  • Leave to appeal granted but appeals dismissed for D, P, and U.
  • Reporting restriction: complainants must not be identified directly or indirectly; case to be reported using initials D, P, and U.