E, R. v
The trial judge's directions were sufficient and discretionary; no exceptional circumstances justified admission of expert evidence on childhood memory; the convictions are safe and the appeal is dismissed.
- Parties
- Appellant: E; Respondent: The Crown
- Jurisdiction
- England and Wales
- Judgment Date
- 13 May 2009
- Procedural Posture
- Criminal Appeal / Judgment on Appeal Against Conviction
- Outcome
- appeal dismissed
- Legal Topics
- Sexual Offences, Rape, Indecent Assault, Historic Sex Abuse, Judicial Directions, Expert Evidence, Child Witness Credibility
Case Brief
Summary, issues, holding and outcome
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Full judgment text Downloadable case file Legal principles 3 Authorities cited 8 Party arguments 2
Parties
E
Appellant
The Crown
Respondent
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Conviction
Legal Issues
- 1 Whether the trial judge misdirected the jury regarding delay and caution in historic sex abuse cases
- 2 Whether the absence of expert evidence on childhood memory rendered the convictions unsafe
- 3 Whether the judge failed to properly direct the jury on good character and recent complaint
Ratio Decidendi
The trial judge's directions were sufficient and discretionary; no exceptional circumstances justified admission of expert evidence on childhood memory; the convictions are safe and the appeal is dismissed.
Court Disposition
appeal dismissed
Full Case Text
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