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
Summary, issues, holding and outcome
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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
Legal Issues
- 1 Whether the trial judge erred in refusing leave to cross-examine the complainant about previous allegations of sexual assault
- 2 Whether the summing-up on consent and belief in consent was adequate
- 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
Full Case Text
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