Evans, R v

Evans, R v

The court held that there was no proper evidential basis for inferring that the complainant's allegations against her brother were false, and even if cross-examination had been allowed, the jury would have been aware of the brother's admissions, undermining the suggestion that the rest of the allegations were fabricated. The convictions were therefore safe.

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, False Complaints, Evidential Basis, Youth Justice and Criminal Evidence Act 1999
Criminal Law Sexual Offences Cross Examination False Complaints Evidential Basis Youth Justice and Criminal Evidence Act 1999

Case Brief

Summary, issues, holding and outcome

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Parties

The Queen

Respondent

Stephen Evans

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Conviction

Legal Issues

  1. 1 Whether refusal to allow cross-examination of complainant about allegations against her brother renders conviction unsafe
  2. 2 Whether there was a proper evidential basis for asserting previous complaints were false

Ratio Decidendi

The court held that there was no proper evidential basis for inferring that the complainant's allegations against her brother were false, and even if cross-examination had been allowed, the jury would have been aware of the brother's admissions, undermining the suggestion that the rest of the allegations were fabricated. The convictions were therefore safe.

Court Disposition

appeal dismissed