Croad, R v [2001] EWCA Crim 644 (21st March, 2001)

Croad, R v [2001] EWCA Crim 644 (21st March, 2001)

The absence of a jury direction regarding the evidential status of previous consistent statements rendered the conviction unsafe, particularly given the procedural context and the jury's majority verdict.

Source-derived case information.

Citation
[2001] EWCA Crim 644
Parties
Prosecution: Regina; Appellant: John Joseph Croad
Jurisdiction
England and Wales
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Conviction
Outcome
appeal allowed; conviction quashed; retrial ordered
Legal Topics
Indecent Assault, Rape, Evidence, Jury Directions, Recent Complaint
Criminal Law Indecent Assault Rape Evidence Jury Directions Recent Complaint

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 3 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Regina

Prosecution

John Joseph Croad

Appellant

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Conviction

Legal Issues

  1. 1 Whether the trial judge erred in rejecting a submission of no case to answer on count 9
  2. 2 Whether the trial judge failed to direct the jury on the evidential effect of previous consistent statements by the complainant

Ratio Decidendi

The absence of a jury direction regarding the evidential status of previous consistent statements rendered the conviction unsafe, particularly given the procedural context and the jury's majority verdict.

Court Disposition

appeal allowed; conviction quashed; retrial ordered

Orders

  • Retrial ordered in respect of the charge of indecent assault (count 9) if the Crown wishes to restore it to the indictment.