Cousins v R. [2021] EWCA Crim 1664 (10 November 2021)

Cousins v R. [2021] EWCA Crim 1664 (10 November 2021)

The judge was correct to admit the recent complaint evidence of CH under s.120(2) Criminal Justice Act 2003 as a previous consistent statement to rebut an allegation of fabrication, and the adverse inference direction under s.34 Criminal Justice and Public Order Act 1994 was properly given as the appellant had the opportunity to mention his defence in interview but failed to do so.

Citation
[2021] EWCA Crim 1664
Parties
Appellant: Junior Fitzroy Cousins; Respondent: Regina
Jurisdiction
England and Wales
Judgment Date
10 November 2021
Procedural Posture
Criminal Appeal / Appeal Against Conviction and Sentence
Outcome
Appeal dismissed
Legal Topics
Rape, Admissibility of Evidence, Recent Complaint Evidence, Adverse Inference, Section 34 Criminal Justice and Public Order Act 1994, Section 120 Criminal Justice Act 2003
Criminal Law Rape Admissibility of Evidence Recent Complaint Evidence Adverse Inference Section 34 Criminal Justice and Public Order Act 1994 Section 120 Criminal Justice Act 2003

Case Brief

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 4 Authorities cited 6 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Junior Fitzroy Cousins

Appellant

Regina

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Conviction and Sentence

Legal Issues

  1. 1 Whether the trial judge erred in admitting recent complaint evidence under s.120 Criminal Justice Act 2003
  2. 2 Whether the trial judge erred in directing the jury on adverse inference under s.34 Criminal Justice and Public Order Act 1994

Ratio Decidendi

The judge was correct to admit the recent complaint evidence of CH under s.120(2) Criminal Justice Act 2003 as a previous consistent statement to rebut an allegation of fabrication, and the adverse inference direction under s.34 Criminal Justice and Public Order Act 1994 was properly given as the appellant had the opportunity to mention his defence in interview but failed to do so.

Court Disposition

Appeal dismissed

Orders

  • Renewed application for leave refused
  • Appeal against conviction dismissed