RL, Re

RL, Re

The trial judge was correct to impose limitations on cross-examination of child witnesses, and did so fairly. The applicant was able to put her case and challenge the witnesses. The sentence imposed was below the guideline starting point and not manifestly excessive given the prolonged course of conduct and...

Source-derived case information.

Parties
Prosecutor: Regina; Applicant: RL
Jurisdiction
England and Wales
Judgment Date
24 June 2015
Procedural Posture
Criminal Appeal / Renewed Application for Leave to Appeal Against Conviction and Appeal Against Sentence
Outcome
Leave to appeal against conviction refused; appeal against sentence dismissed.
Legal Topics
Cruelty to Children, Cross Examination of Vulnerable Witnesses, Sentencing Guidelines
Criminal Law Child Protection Cruelty to Children Cross Examination of Vulnerable Witnesses Sentencing Guidelines

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Summary, issues, holding and outcome

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Parties

Regina

Prosecutor

RL

Applicant

Procedural Posture

Criminal Appeal / Renewed Application for Leave to Appeal Against Conviction and Appeal Against Sentence

Legal Issues

  1. 1 Whether restrictions on cross-examination of child witnesses rendered the trial unfair
  2. 2 Whether the sentence imposed was manifestly excessive

Ratio Decidendi

The trial judge was correct to impose limitations on cross-examination of child witnesses, and did so fairly. The applicant was able to put her case and challenge the witnesses. The sentence imposed was below the guideline starting point and not manifestly excessive given the prolonged course of conduct and significant harm caused.

Court Disposition

Leave to appeal against conviction refused; appeal against sentence dismissed.

Orders

  • Order under section 45 of the Youth Justice and Criminal Evidence Act 1999 prohibiting identification of the children