S C v R [2000] EWCA Crim 19 (18th February, 2000)

S C v R [2000] EWCA Crim 19 (18th February, 2000)

The trial judge did not err in refusing separate trials as the alleged collusion provided a link justifying a joint trial; even if the recent complaint evidence was wrongly admitted, it did not render the conviction unsafe; the sentence imposed was excessive and should be reduced to nine years' imprisonment.

Citation
[2000] EWCA Crim 19
Parties
Appellant: S C; Respondent: Regina
Jurisdiction
England and Wales
Procedural Posture
Criminal Appeal / Appeal Against Conviction and Sentence
Outcome
Appeal against conviction dismissed; appeal against sentence allowed in part
Legal Topics
Rape, Indecency With a Child, Similar Fact Evidence, Collusion, Recent Complaint, Sentencing Guidelines
Criminal Law Rape Indecency With a Child Similar Fact Evidence Collusion Recent Complaint Sentencing Guidelines

Case Brief

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Parties

S C

Appellant

Regina

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Conviction and Sentence

Legal Issues

  1. 1 Whether the trial judge erred in refusing to order separate trials for rape and indecency charges
  2. 2 Whether the trial judge erred in admitting part of a conversation as recent complaint evidence
  3. 3 Whether the sentence imposed was manifestly excessive

Ratio Decidendi

The trial judge did not err in refusing separate trials as the alleged collusion provided a link justifying a joint trial; even if the recent complaint evidence was wrongly admitted, it did not render the conviction unsafe; the sentence imposed was excessive and should be reduced to nine years' imprisonment.

Court Disposition

Appeal against conviction dismissed; appeal against sentence allowed in part

Orders

  • Conviction upheld
  • Sentence for rape reduced from 12 years to 9 years' imprisonment