Strotten, R. v

Strotten, R. v

The Court held that the trial judge was entitled to admit the hearsay evidence of RG's complaints, as there were sufficient supporting circumstances and the evidence was properly considered in the round. The conviction was safe, and the sentence was not manifestly excessive except for the unlawful victim surcharge, which was quashed.

Parties
Prosecution: Regina; Appellant: Rupert Brian Strotten
Jurisdiction
England and Wales
Judgment Date
10 June 2015
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, Hearsay Evidence, Admissibility of Evidence, Child Witnesses, Sentence Appeal
Criminal Law Sexual Offences Hearsay Evidence Admissibility of Evidence Child Witnesses Sentence Appeal

Case Brief

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Parties

Regina

Prosecution

Rupert Brian Strotten

Appellant

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Conviction and Sentence

Legal Issues

  1. 1 Whether the trial judge erred in admitting hearsay evidence of complaints made by a child complainant (RG) under section 114(1)(d) of the Criminal Justice Act 2003
  2. 2 Whether the conviction was unsafe due to the admission of hearsay evidence
  3. 3 Whether the sentence imposed was manifestly excessive

Ratio Decidendi

The Court held that the trial judge was entitled to admit the hearsay evidence of RG's complaints, as there were sufficient supporting circumstances and the evidence was properly considered in the round. The conviction was safe, and the sentence was not manifestly excessive except for the unlawful victim surcharge, which was quashed.

Court Disposition

appeal against conviction dismissed; appeal against sentence allowed in part

Orders

  • Conviction upheld
  • Victim Surcharge Order quashed