Aidarus, R v [2018] EWCA Crim 2073 (26 June 2018)

Aidarus, R v [2018] EWCA Crim 2073 (26 June 2018)

The trial judge was entitled to exclude evidence of the complainant's prior sexual behaviour as the incidents lacked the necessary degree of similarity and occurred in different contexts, and the sentence imposed was not manifestly excessive given the aggravating factors and the applicant's criminal maturity.

Citation
[2018] EWCA Crim 2073
Parties
Applicant: Fesal Aidarus; Respondent: Regina (The Crown)
Jurisdiction
England and Wales
Judgment Date
26 June 2018
Procedural Posture
Criminal Appeal / Leave to Appeal Against Conviction and Sentence
Outcome
Applications for leave to appeal against conviction and sentence refused.
Legal Topics
Rape, Evidence, Section 41 Youth Justice and Criminal Evidence Act 1999, Sentencing
Criminal Law Rape Evidence Section 41 Youth Justice and Criminal Evidence Act 1999 Sentencing

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Parties

Fesal Aidarus

Applicant

Regina (The Crown)

Respondent

Procedural Posture

Criminal Appeal / Leave to Appeal Against Conviction and Sentence

Legal Issues

  1. 1 Whether the trial judge erred in refusing to admit evidence of the complainant's sexual behaviour under section 41 of the Youth Justice and Criminal Evidence Act 1999
  2. 2 Whether the sentence imposed was manifestly excessive given the applicant's age

Ratio Decidendi

The trial judge was entitled to exclude evidence of the complainant's prior sexual behaviour as the incidents lacked the necessary degree of similarity and occurred in different contexts, and the sentence imposed was not manifestly excessive given the aggravating factors and the applicant's criminal maturity.

Court Disposition

Applications for leave to appeal against conviction and sentence refused.

Orders

  • Leave to appeal against conviction refused.
  • Leave to appeal against sentence refused.