Singh, R v
The application to cross-examine the complainant about previous sexual behaviour was properly refused under Section 41, as its main purpose was to impugn credibility, which is prohibited. The convictions are safe. However, the total sentence imposed was excessive in light of guideline cases, and should be reduced.
- Parties
- Respondent: R; Appellant: Gulab Singh
- Jurisdiction
- England and Wales
- Judgment Date
- 27 February 2003
- Procedural Posture
- Criminal Appeal / Judgment on Conviction and Sentence
- Outcome
- Conviction upheld, sentence varied
- Legal Topics
- Rape, Attempted Rape, Cross Examination, Credibility, Sentencing, Section 41 Youth Justice and Criminal Evidence Act 1999
Case Brief
Summary, issues, holding and outcome
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Parties
R
Respondent
Gulab Singh
Appellant
Procedural Posture
Criminal Appeal / Judgment on Conviction and Sentence
Legal Issues
- 1 Whether leave should have been granted to cross-examine the complainant about previous sexual behaviour under Section 41 of the Youth Justice and Criminal Evidence Act 1999
- 2 Whether the convictions are unsafe due to exclusion of evidence
- 3 Whether the sentence imposed was excessive
Ratio Decidendi
The application to cross-examine the complainant about previous sexual behaviour was properly refused under Section 41, as its main purpose was to impugn credibility, which is prohibited. The convictions are safe. However, the total sentence imposed was excessive in light of guideline cases, and should be reduced.
Court Disposition
Conviction upheld, sentence varied
Orders
- Application for leave to appeal against conviction refused
- Sentence on Count 2 reduced from 12 years to 8 years
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