Conn, R v

Conn, R v

The trial judge applied the correct legal test regarding cross-examination on previous allegations, properly evaluated the evidence, and her conclusions were justified. The summing-up on consent and belief in consent was adequate given the evidence. The sentences imposed were within guideline ranges and not manifestly excessive.

Parties
Prosecution: Regina; Applicant: Mervyn Harold Conn
Jurisdiction
England and Wales
Judgment Date
27 April 2018
Procedural Posture
Criminal Appeal / Judgment on Renewed Application for Leave to Appeal Against Conviction and Sentence
Outcome
renewed application for leave to appeal against conviction and sentence dismissed
Legal Topics
Sexual Offences, Rape, Indecent Assault, Evidence, Cross Examination, Sentencing, Appeals

Case Brief

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Parties

Regina

Prosecution

Mervyn Harold Conn

Applicant

Procedural Posture

Criminal Appeal / Judgment on Renewed Application for Leave to Appeal Against Conviction and Sentence

  1. 1 Whether the trial judge erred in refusing leave to cross-examine the complainant about previous allegations of sexual assault
  2. 2 Whether the summing-up on consent and belief in consent was adequate
  3. 3 Whether the sentences imposed were manifestly excessive

Ratio Decidendi

The trial judge applied the correct legal test regarding cross-examination on previous allegations, properly evaluated the evidence, and her conclusions were justified. The summing-up on consent and belief in consent was adequate given the evidence. The sentences imposed were within guideline ranges and not manifestly excessive.

Court Disposition

renewed application for leave to appeal against conviction and sentence dismissed