H, R. v (Rev 1) [2011] EWCA Crim 303 (07 February 2011)

H, R. v (Rev 1) [2011] EWCA Crim 303 (07 February 2011)

The trial judge's ruling to limit cross-examination to relevant matters and exclude wider investigation of unrelated allegations was correct in law; the conviction is not unsafe.

Citation
[2011] EWCA Crim 303
Parties
Appellant: H; Respondent: Regina
Jurisdiction
England and Wales
Judgment Date
07 February 2011
Procedural Posture
Criminal Appeal / Appeal Against Conviction
Outcome
appeal dismissed
Legal Topics
Rape, Cross Examination, Admissibility of Evidence, Unsafe Conviction
Criminal Law Rape Cross Examination Admissibility of Evidence Unsafe Conviction

Case Brief

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Parties

H

Appellant

Regina

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Conviction

Legal Issues

  1. 1 Whether the trial judge erred in limiting cross-examination of the complainant regarding events in 2001
  2. 2 Whether the conviction is unsafe due to restrictions on cross-examination

Ratio Decidendi

The trial judge's ruling to limit cross-examination to relevant matters and exclude wider investigation of unrelated allegations was correct in law; the conviction is not unsafe.

Court Disposition

appeal dismissed

Orders

  • conviction upheld