Clifford v R

Clifford v R

No evidence existed on which the jury could reasonably conclude that any complainant might have consented or that the applicant believed in consent; directions on demeanour, bad character, propensity, collusion, delay, and summing up were adequate and fair; fresh evidence did not imperil conviction; trial was fair and conviction safe.

Parties
Applicant: Maxwell Frank Clifford (Deceased); Respondent: Regina
Jurisdiction
England and Wales
Judgment Date
02 April 2019
Procedural Posture
Criminal Appeal / Application for Extension of Time and Leave to Appeal Against Conviction
Outcome
Extension of time granted; leave to appeal refused.
Legal Topics
Indecent Assault, Sexual Offences, Appeal Procedure, Fresh Evidence, Delay in Prosecution, Bad Character Evidence, Propensity, Summing Up, Consent
Criminal Law Indecent Assault Sexual Offences Appeal Procedure Fresh Evidence Delay in Prosecution Bad Character Evidence Propensity +2 more

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Parties

Maxwell Frank Clifford (Deceased)

Applicant

Regina

Respondent

Procedural Posture

Criminal Appeal / Application for Extension of Time and Leave to Appeal Against Conviction

Legal Issues

  1. 1 Whether there were misdirections or inadequate directions on consent and demeanour
  2. 2 Whether bad character evidence and written material handed to the jury was improper
  3. 3 Whether the defence case was fairly and equally considered during summing up

Ratio Decidendi

No evidence existed on which the jury could reasonably conclude that any complainant might have consented or that the applicant believed in consent; directions on demeanour, bad character, propensity, collusion, delay, and summing up were adequate and fair; fresh evidence did not imperil conviction; trial was fair and conviction safe.

Court Disposition

Extension of time granted; leave to appeal refused.

Orders

  • All applications to adduce fresh evidence refused.
  • Conviction stands; no further orders.