R v David Llewellyn Yeld

R v David Llewellyn Yeld

The conviction was not unsafe because the misdirection on consent was immaterial given the complainant's age and circumstances, the directions on bad character evidence and prior convictions were adequate, and the judge sufficiently addressed the fallibility of memory.

Parties
Applicant: David Llewellyn Yeld; Respondent: Regina
Jurisdiction
England and Wales
Judgment Date
12 May 2021
Procedural Posture
Criminal Appeal / Application for Extension of Time and Leave to Appeal Against Conviction
Outcome
application refused
Legal Topics
Rape, Indecent Assault, Bad Character Evidence, Fallibility of Memory, Jury Directions

Case Brief

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Parties

David Llewellyn Yeld

Applicant

Regina

Respondent

Procedural Posture

Criminal Appeal / Application for Extension of Time and Leave to Appeal Against Conviction

  1. 1 Whether the judge misdirected the jury on the elements of rape under section 1(1) of the Sexual Offences Act 1956
  2. 2 Whether the judge properly directed the jury on bad character evidence and section 74(3) of the Police and Criminal Evidence Act 1984
  3. 3 Whether the judge adequately directed the jury on the fallibility of human memory

Ratio Decidendi

The conviction was not unsafe because the misdirection on consent was immaterial given the complainant's age and circumstances, the directions on bad character evidence and prior convictions were adequate, and the judge sufficiently addressed the fallibility of memory.

Court Disposition

application refused

Orders

  • application for extension of time refused
  • application for leave to appeal against conviction refused