W and M, R. v

W and M, R. v

The trial judge was entitled to leave the case to the jury as the evidence, taken at its highest, was sufficient for a reasonable jury to convict; the assessment of the complainant's credibility and any retractions was a matter for the jury, not the judge.

Parties
Prosecution: Regina; Appellant/defendant: W; Appellant/defendant: M
Jurisdiction
England and Wales
Judgment Date
27 July 2010
Procedural Posture
Criminal Appeal / Judgment on Application for Leave to Appeal and Substantive Appeal
Outcome
appeal dismissed
Legal Topics
Sexual Offences, Attempted Rape, Child Witnesses, Jury Directions, Evidence Assessment
Criminal Law Child Law Sexual Offences Attempted Rape Child Witnesses Jury Directions Evidence Assessment

Case Brief

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Parties

Regina

Prosecution

W

Appellant/defendant

M

Appellant/defendant

Procedural Posture

Criminal Appeal / Judgment on Application for Leave to Appeal and Substantive Appeal

Legal Issues

  1. 1 Whether the evidence was sufficient for the case to be left to the jury for conviction of attempted rape
  2. 2 Whether the trial judge erred in refusing a submission of no case to answer given the child complainant's retractions
  3. 3 Whether a specific caution was required regarding the complainant's initial complaint to her mother

Ratio Decidendi

The trial judge was entitled to leave the case to the jury as the evidence, taken at its highest, was sufficient for a reasonable jury to convict; the assessment of the complainant's credibility and any retractions was a matter for the jury, not the judge.

Court Disposition

appeal dismissed

Orders

  • Leave to appeal granted
  • Appeal dismissed