Anderson, R. v [2012] EWCA Crim 1785 (20 July 2012)

Anderson, R. v [2012] EWCA Crim 1785 (20 July 2012)

There was no valid explanation for the delay in seeking to appeal, the fresh evidence was inadmissible or of marginal value, the judge's directions were appropriate and in accordance with the law at the time, and there was no arguable ground to suggest the conviction was unsafe.

Citation
[2012] EWCA Crim 1785
Parties
Prosecution: Regina; Applicant: Stephen Anderson
Jurisdiction
England and Wales
Judgment Date
20 July 2012
Procedural Posture
Criminal Appeal / Application for Extension of Time and Leave to Appeal Conviction
Outcome
applications refused
Legal Topics
Indecent Assault, Historic Sexual Offences, Fresh Evidence, Admissibility of Expert Evidence, Jury Directions, Specimen Counts, Recent Complaint Evidence
Criminal Law Indecent Assault Historic Sexual Offences Fresh Evidence Admissibility of Expert Evidence Jury Directions Specimen Counts Recent Complaint Evidence

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Parties

Regina

Prosecution

Stephen Anderson

Applicant

Procedural Posture

Criminal Appeal / Application for Extension of Time and Leave to Appeal Conviction

Legal Issues

  1. 1 Whether there was a valid explanation for the 16-year delay in seeking to appeal the conviction
  2. 2 Whether fresh evidence (including expert evidence and evidence from a subsequent trial) rendered the conviction unsafe
  3. 3 Whether the judge's directions to the jury at trial were inadequate or incorrect in light of later evidence

Ratio Decidendi

There was no valid explanation for the delay in seeking to appeal, the fresh evidence was inadmissible or of marginal value, the judge's directions were appropriate and in accordance with the law at the time, and there was no arguable ground to suggest the conviction was unsafe.

Court Disposition

applications refused

Orders

  • Application for extension of time refused
  • Application for leave to appeal conviction refused