RP v R.

RP v R.

The proposed cross-examination about the abortion was relevant and not caught by section 41, but its exclusion did not render the conviction unsafe given the evidence already before the jury. The judge's handling of defence counsel's comments and instructions timing did not impair trial fairness. There was no cumulative unfairness sufficient to overturn the conviction.

Parties
Appellant: RP; Respondent: Regina
Jurisdiction
England and Wales
Judgment Date
18 December 2013
Procedural Posture
Criminal Appeal / Appeal Against Conviction After Trial
Outcome
Appeal dismissed; conviction upheld
Legal Topics
Indecent Assault, Sexual Offences, Cross Examination Limits, Section 41 Youth Justice and Criminal Evidence Act 1999, Trial Fairness
Criminal Law Indecent Assault Sexual Offences Cross Examination Limits Section 41 Youth Justice and Criminal Evidence Act 1999 Trial Fairness

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 14 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

RP

Appellant

Regina

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Conviction After Trial

Legal Issues

  1. 1 Whether the trial judge erred in refusing cross-examination about the complainant's abortion under section 41 of the Youth Justice and Criminal Evidence Act 1999
  2. 2 Whether the judge's handling of defence counsel's comments and instructions timing impaired trial fairness
  3. 3 Whether cumulative conduct of the trial rendered the conviction unsafe

Ratio Decidendi

The proposed cross-examination about the abortion was relevant and not caught by section 41, but its exclusion did not render the conviction unsafe given the evidence already before the jury. The judge's handling of defence counsel's comments and instructions timing did not impair trial fairness. There was no cumulative unfairness sufficient to overturn the conviction.

Court Disposition

Appeal dismissed; conviction upheld