JD, R v [2008] EWCA Crim 2557 (24 October 2008)

JD, R v [2008] EWCA Crim 2557 (24 October 2008)

The judge was entitled to comment on the effects of rape and delay in complaint, but his remarks were excessive and lacked balance regarding the appellant's case. However, the summing-up did not render the verdicts unsafe, as the defence case was fairly presented otherwise and the jury's rejection of the appellant's account was justified.

Citation
[2008] EWCA Crim 2557
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, Jury Summing Up, Delay in Complaint
Criminal Law Rape Judicial Directions Jury Summing Up Delay in Complaint

Case Brief

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Parties

R

Prosecution

JD

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Conviction

Legal Issues

  1. 1 Whether the judge's summing-up in a rape case was unfair and unbalanced due to excessive comment on the effects of rape and delay in complaint

Ratio Decidendi

The judge was entitled to comment on the effects of rape and delay in complaint, but his remarks were excessive and lacked balance regarding the appellant's case. However, the summing-up did not render the verdicts unsafe, as the defence case was fairly presented otherwise and the jury's rejection of the appellant's account was justified.

Court Disposition

appeal dismissed; convictions upheld