JA, R. v

JA, R. v

The conviction was safe as the evidence of previous domestic violence was properly admitted and the case against the applicant was overwhelming; the sentence was justified given the aggravating features and did not offend the totality principle.

Parties
Prosecution: Regina; Applicant: JA
Jurisdiction
England and Wales
Judgment Date
29 November 2013
Procedural Posture
Criminal Appeal / Renewed Application for Permission to Appeal Against Conviction and Sentence
Outcome
renewed application for permission to appeal against conviction and sentence refused
Legal Topics
Rape, Admissibility of Evidence, Sentencing, Totality Principle
Criminal Law Rape Admissibility of Evidence Sentencing Totality Principle

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Parties

Regina

Prosecution

JA

Applicant

Procedural Posture

Criminal Appeal / Renewed Application for Permission to Appeal Against Conviction and Sentence

Legal Issues

  1. 1 Whether the admission of evidence of previous domestic violence rendered the conviction unsafe
  2. 2 Whether the sentence of 8 years' imprisonment was manifestly excessive or offended the totality principle

Ratio Decidendi

The conviction was safe as the evidence of previous domestic violence was properly admitted and the case against the applicant was overwhelming; the sentence was justified given the aggravating features and did not offend the totality principle.

Court Disposition

renewed application for permission to appeal against conviction and sentence refused