Rooney, R v [2001] EWCA Crim 2844 (19th December, 2001)

Rooney, R v [2001] EWCA Crim 2844 (19th December, 2001)

The judge erred in not allowing cross-examination under section 41(5), but the exclusion was not central to the defence and did not render the conviction unsafe given the totality of evidence.

Citation
[2001] EWCA Crim 2844
Parties
Respondent: Regina; Appellant: Peter R
Jurisdiction
England and Wales
Procedural Posture
Criminal Appeal / Appeal Against Conviction
Outcome
appeal dismissed
Legal Topics
Rape, Indecent Assault, Abuse of Process, Cross Examination, Section 41 Youth Justice and Criminal Evidence Act 1999, Credibility of Complainant
Criminal Law Rape Indecent Assault Abuse of Process Cross Examination Section 41 Youth Justice and Criminal Evidence Act 1999 Credibility of Complainant

Case Brief

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Parties

Regina

Respondent

Peter R

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Conviction

Legal Issues

  1. 1 Whether the retrial should have been stayed for abuse of process due to destruction of evidence
  2. 2 Whether the judge erred in preventing cross-examination under section 41 of the Youth Justice and Criminal Evidence Act 1999
  3. 3 Whether the judge's summing-up properly reflected the defence's reliance on the Barbados incident

Ratio Decidendi

The judge erred in not allowing cross-examination under section 41(5), but the exclusion was not central to the defence and did not render the conviction unsafe given the totality of evidence.

Court Disposition

appeal dismissed

Orders

  • conviction upheld
  • certified question of law for House of Lords