PR v JES & Anor

PR v JES & Anor

The appeal is allowed because the trial judge failed to demonstrate the application of the required legal principles for evaluating sexual abuse allegations by young children, did not conduct the necessary detailed contextual analysis of the evidence, and failed to make findings on two key factual events, resulting in an unsafe and flawed fact-finding judgment.

Parties
Applicant: PR; 1st Respondent: JES; 2nd Respondent: TER
Jurisdiction
England and Wales
Judgment Date
29 March 2019
Procedural Posture
Appeal / Judgment on Appeal From Fact Finding in Family Proceedings
Outcome
Appeal allowed; judgment set aside; matter remitted for rehearing before a High Court judge.
Legal Topics
Sexual Abuse Allegations, Fact Finding Hearings, Appeals Procedure, Credibility Assessment, Child Evidence, Scott Schedules
Family Law Child Protection Sexual Abuse Allegations Fact Finding Hearings Appeals Procedure Credibility Assessment Child Evidence Scott Schedules

Case Brief

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Parties

PR

Applicant

JES

1st Respondent

TER

2nd Respondent

Procedural Posture

Appeal / Judgment on Appeal From Fact Finding in Family Proceedings

Legal Issues

  1. 1 Whether the trial judge properly applied legal principles in evaluating sexual abuse allegations by a child
  2. 2 Whether the trial judge failed to conduct a sufficient contextual and forensic analysis of the evidence, particularly the child's evolving allegations
  3. 3 Whether the trial judge placed undue weight on recent allegations without adequate analysis of earlier evidence

Ratio Decidendi

The appeal is allowed because the trial judge failed to demonstrate the application of the required legal principles for evaluating sexual abuse allegations by young children, did not conduct the necessary detailed contextual analysis of the evidence, and failed to make findings on two key factual events, resulting in an unsafe and flawed fact-finding judgment.

Court Disposition

Appeal allowed; judgment set aside; matter remitted for rehearing before a High Court judge.

Orders

  • The appeal is allowed.
  • The previous fact-finding judgment is set aside.