Yeld, R. v [2021] EWCA Crim 866 (12 May 2021)

Yeld, R. v [2021] EWCA Crim 866 (12 May 2021)

Any misdirection regarding consent was immaterial given the complainant's age and the defence case; the directions on bad character evidence and previous convictions were adequate; and the judge's direction on memory was sufficient. There was no basis to find the conviction unsafe or to grant an extension of time to appeal.

Citation
[2021] EWCA Crim 866
Parties
Respondent: Regina; Applicant: David Llewellyn Yeld
Jurisdiction
England and Wales
Judgment Date
12 May 2021
Procedural Posture
Criminal Appeal / Application for Extension of Time to Appeal Conviction
Outcome
Application for extension of time to appeal conviction refused; conviction stands.
Legal Topics
Rape, Indecent Assault, Bad Character Evidence, Jury Directions, Historic Sexual Offences, Memory Reliability, Extension of Time
Criminal Law Rape Indecent Assault Bad Character Evidence Jury Directions Historic Sexual Offences Memory Reliability Extension of Time

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 12 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

Regina

Respondent

David Llewellyn Yeld

Applicant

Procedural Posture

Criminal Appeal / Application for Extension of Time to Appeal Conviction

Legal Issues

  1. 1 Whether the trial judge misdirected the jury on the element of consent for rape under the Sexual Offences Act 1956
  2. 2 Whether the judge erred in directions regarding bad character evidence and previous convictions
  3. 3 Whether the judge failed to adequately direct the jury on the fallibility of human memory

Ratio Decidendi

Any misdirection regarding consent was immaterial given the complainant's age and the defence case; the directions on bad character evidence and previous convictions were adequate; and the judge's direction on memory was sufficient. There was no basis to find the conviction unsafe or to grant an extension of time to appeal.

Court Disposition

Application for extension of time to appeal conviction refused; conviction stands.

Orders

  • Refusal of application for extension of time to appeal against conviction