Aidarus, R v

Aidarus, R v

The judge was entitled to exclude the evidence of the complainant's previous sexual behaviour as the circumstances were not sufficiently similar to the alleged offence, and its exclusion did not render the conviction unsafe. The sentence of 6 years' detention was not manifestly excessive given the aggravating factors and the applicant's age and maturity.

Parties
Applicant: Fesal Aidarus; Respondent: Regina (The Crown)
Jurisdiction
England and Wales
Judgment Date
26 June 2018
Procedural Posture
Criminal Appeal / Application for Leave to Appeal Conviction and Sentence
Outcome
applications for leave to appeal conviction and sentence refused
Legal Topics
Rape, Sexual Offences, Admissibility of Evidence, Section 41 Youth Justice and Criminal Evidence Act 1999, Sentencing of Young Offenders
Criminal Law Rape Sexual Offences Admissibility of Evidence Section 41 Youth Justice and Criminal Evidence Act 1999 Sentencing of Young Offenders

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Parties

Fesal Aidarus

Applicant

Regina (The Crown)

Respondent

Procedural Posture

Criminal Appeal / Application for Leave to Appeal Conviction and Sentence

Legal Issues

  1. 1 Whether the trial judge erred in refusing to admit evidence of the complainant's previous sexual behaviour under section 41 of the Youth Justice and Criminal Evidence Act 1999
  2. 2 Whether exclusion of such evidence rendered the conviction unsafe
  3. 3 Whether the sentence imposed was manifestly excessive given the applicant's age

Ratio Decidendi

The judge was entitled to exclude the evidence of the complainant's previous sexual behaviour as the circumstances were not sufficiently similar to the alleged offence, and its exclusion did not render the conviction unsafe. The sentence of 6 years' detention was not manifestly excessive given the aggravating factors and the applicant's age and maturity.

Court Disposition

applications for leave to appeal conviction and sentence refused