Evans, R v [2009] EWCA Crim 2668 (16 December 2009)

The Recorder was justified in refusing leave to cross-examine A about her allegations against J because there was no proper evidential basis to infer those allegations were false; subsequent developments (J's guilty pleas) further undermined any suggestion that A fabricated her allegations. The convictions are safe.

Citation: [2009] EWCA Crim 2668
Parties: Respondent: THE QUEEN; Appellant: STEPHEN EVANS
Jurisdiction: England and Wales
Judgment Date: 16 December 2009
Procedural Posture: Criminal Appeal / Appeal Against Conviction
Outcome: Appeal dismissed
Legal Topics: Sexual Offences, Cross Examination, Previous False Complaints, Section 41 Youth Justice and Criminal Evidence Act 1999, Evidential Basis for Cross Examination

Criminal Law Sexual Offences Cross Examination Previous False Complaints Section 41 Youth Justice and Criminal Evidence Act 1999 Evidential Basis for Cross Examination

Case Brief

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Parties

THE QUEEN

Respondent

STEPHEN EVANS

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Conviction

Legal Issues

1 Whether the Recorder erred in refusing leave to cross-examine the complainant about allegations made against a third party (J) under section 41(1) of the Youth Justice and Criminal Evidence Act 1999
2 Whether the refusal rendered the conviction unsafe

Ratio Decidendi

Court Disposition

Appeal dismissed