PR, R v

PR, R v

The judge was entitled to leave counts 24 and 25 to the jury as P's second statement was admissible under s.119(1) Criminal Justice Act 2003 and a rational jury could accept it. The summing-up, though imperfect, covered the necessary directions and the defence case. No errors rendered the convictions unsafe. The sentences on counts 19 and 20 were unlawful and reduced to 2 years each, but the total sentence remained unaffected.

Parties
Prosecutor: R; Appellant: PR
Jurisdiction
England and Wales
Judgment Date
24 November 2010
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Conviction and Sentence
Outcome
appeal against conviction dismissed; appeal against sentence allowed in part
Legal Topics
Sexual Offences, Incest, Indecent Assault, Evidence, Jury Directions, Appeal Procedure, Sentencing
Criminal Law Sexual Offences Incest Indecent Assault Evidence Jury Directions Appeal Procedure Sentencing

Case Brief

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Parties

R

Prosecutor

PR

Appellant

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Conviction and Sentence

Legal Issues

  1. 1 Whether the trial judge erred in rejecting a submission of no case to answer on counts 24 and 25
  2. 2 Whether the judge's summing-up was deficient in law and summary of the defence case
  3. 3 Whether any errors affected the safety of the convictions

Ratio Decidendi

The judge was entitled to leave counts 24 and 25 to the jury as P's second statement was admissible under s.119(1) Criminal Justice Act 2003 and a rational jury could accept it. The summing-up, though imperfect, covered the necessary directions and the defence case. No errors rendered the convictions unsafe. The sentences on counts 19 and 20 were unlawful and reduced to 2 years each, but the total sentence remained unaffected.

Court Disposition

appeal against conviction dismissed; appeal against sentence allowed in part

Orders

  • Conviction appeal dismissed on all counts.
  • Sentence on counts 19 and 20 reduced to 2 years' imprisonment concurrent on each.