JD, R v
The judge's summing-up went too far and was unbalanced by overemphasising the effects of rape and not adequately presenting the appellant's case, but the overall trial was fair and the verdicts are safe given the evidence.
- Parties
- Prosecution: R; Appellant: JD
- Jurisdiction
- England and Wales
- Judgment Date
- 24 October 2008
- Procedural Posture
- Criminal Appeal / Appeal Against Conviction
- Outcome
- Appeal dismissed; convictions upheld
- Legal Topics
- Rape, Judicial Directions, Summing Up, Delay in Complaint, Fair Trial
Case Brief
Summary, issues, holding and outcome
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Parties
R
Prosecution
JD
Appellant
Procedural Posture
Criminal Appeal / Appeal Against Conviction
Legal Issues
- 1 Whether the trial judge's summing-up was unbalanced and unfair due to excessive comment on the effects of rape and delay in complaint
- 2 Whether the judge failed to adequately present the appellant's case regarding fabrication of allegations
Ratio Decidendi
The judge's summing-up went too far and was unbalanced by overemphasising the effects of rape and not adequately presenting the appellant's case, but the overall trial was fair and the verdicts are safe given the evidence.
Court Disposition
Appeal dismissed; convictions upheld
Full Case Text
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