Smith, R. v [2017] EWCA Crim 941 (28 June 2017)

Smith, R. v [2017] EWCA Crim 941 (28 June 2017)

The Recorder correctly applied the statutory restrictions on cross-examination and the principles for admitting bad character evidence. The exclusion of the evidence did not render the conviction unsafe, and the directions to the jury were full and fair. The conviction was safe and the appeal was dismissed.

Citation
[2017] EWCA Crim 941
Parties
Appellant: Dwayne Smith; Respondent: Regina (The Crown)
Jurisdiction
England and Wales
Judgment Date
28 June 2017
Procedural Posture
Criminal Appeal / Appeal Against Conviction
Outcome
appeal dismissed
Legal Topics
Rape, Sexual Offences, Bad Character Evidence, Cross Examination of Complainants, Jury Discharge, Admissibility of Evidence
Criminal Law Rape Sexual Offences Bad Character Evidence Cross Examination of Complainants Jury Discharge Admissibility of Evidence

Case Brief

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Parties

Dwayne Smith

Appellant

Regina (The Crown)

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Conviction

Legal Issues

  1. 1 Whether the Recorder erred in refusing defence applications under section 41 of the Youth Justice and Criminal Evidence Act 1999 to cross-examine complainants about previous sexual behaviour
  2. 2 Whether the Recorder erred in refusing to discharge the jury after count 3 was withdrawn and the evidence of KJ was admitted as bad character evidence under section 101(1)(d) of the Criminal Justice Act 2003
  3. 3 Whether the exclusion of certain evidence rendered the conviction unsafe

Ratio Decidendi

The Recorder correctly applied the statutory restrictions on cross-examination and the principles for admitting bad character evidence. The exclusion of the evidence did not render the conviction unsafe, and the directions to the jury were full and fair. The conviction was safe and the appeal was dismissed.

Court Disposition

appeal dismissed