Cameron, R v [2001] EWCA Crim 562 (13th March, 2001)

Cameron, R v [2001] EWCA Crim 562 (13th March, 2001)

The judge acted within his discretionary powers to ensure a fair trial by questioning the child complainant after refusal to answer cross-examination, provided appropriate directions to the jury, and no unfairness resulted; the conviction is safe.

Citation
[2001] EWCA Crim 562
Parties
Prosecution: Regina; Appellant: Leon Cameron
Jurisdiction
England and Wales
Procedural Posture
Criminal Appeal / Judgment on Appeal
Outcome
appeal dismissed
Legal Topics
Rape, Indecent Assault, Cross Examination, Abuse of Process, Judicial Discretion, Child Witness, Adverse Inference
Criminal Law Rape Indecent Assault Cross Examination Abuse of Process Judicial Discretion Child Witness Adverse Inference

Case Brief

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Parties

Regina

Prosecution

Leon Cameron

Appellant

Procedural Posture

Criminal Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the judge erred in taking over cross-examination of the complainant
  2. 2 Whether the trial was unfair due to the complainant's refusal to answer questions
  3. 3 Whether the judge should have stayed proceedings for abuse of process

Ratio Decidendi

The judge acted within his discretionary powers to ensure a fair trial by questioning the child complainant after refusal to answer cross-examination, provided appropriate directions to the jury, and no unfairness resulted; the conviction is safe.

Court Disposition

appeal dismissed

Orders

  • conviction upheld
  • sentence affirmed