Molliere, R. v [2023] EWCA Crim 228 (13 January 2023)

Molliere, R. v [2023] EWCA Crim 228 (13 January 2023)

The trial judge was entitled to conclude that the applicant had gone outside his prepared statement and to give a s.34 direction. The judge was also correct to admit evidence of the applicant's bad character as the applicant had attacked the complainant's character. No arguable error was made and the conviction is safe.

Citation
[2023] EWCA Crim 228
Parties
Prosecution: Rex; Applicant: Pascal Molliere
Jurisdiction
England and Wales
Judgment Date
13 January 2023
Procedural Posture
Criminal Appeal / Renewed Application for Leave to Appeal Against Conviction
Outcome
application for leave to appeal dismissed
Legal Topics
Sexual Offences, Adverse Inference (s.34 Cjpoa), Bad Character Evidence, Appeal Procedure
Criminal Law Sexual Offences Adverse Inference (s.34 Cjpoa) Bad Character Evidence Appeal Procedure

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Parties

Rex

Prosecution

Pascal Molliere

Applicant

Procedural Posture

Criminal Appeal / Renewed Application for Leave to Appeal Against Conviction

Legal Issues

  1. 1 Whether the trial judge erred in giving a s.34 Criminal Justice and Public Order Act 1994 direction permitting adverse inference from silence in interview
  2. 2 Whether the trial judge erred in admitting evidence of the applicant's bad character

Ratio Decidendi

The trial judge was entitled to conclude that the applicant had gone outside his prepared statement and to give a s.34 direction. The judge was also correct to admit evidence of the applicant's bad character as the applicant had attacked the complainant's character. No arguable error was made and the conviction is safe.

Court Disposition

application for leave to appeal dismissed