Tobin, R. v

Tobin, R. v

The limited evidence about the complainant’s background and character was admissible and did not render the trial unfair or offend the rule against oath-helping, given the context and the full evidence about the appellant’s character.

Parties
Prosecution: The Queen; Defendant: Steven David Tobin
Jurisdiction
England and Wales
Judgment Date
07 February 2003
Procedural Posture
Criminal Appeal / Judgment on Appeal
Outcome
appeal dismissed
Legal Topics
Indecent Assault, Admissibility of Evidence, Oath Helping, Credibility of Witnesses
Criminal Law Indecent Assault Admissibility of Evidence Oath Helping Credibility of Witnesses

Case Brief

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Parties

The Queen

Prosecution

Steven David Tobin

Defendant

Procedural Posture

Criminal Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether evidence of complainant's good character amounted to inadmissible oath-helping
  2. 2 Whether the trial judge erred in admitting evidence from the complainant's mother
  3. 3 Whether the defence should have been granted an adjournment to investigate complainant's character

Ratio Decidendi

The limited evidence about the complainant’s background and character was admissible and did not render the trial unfair or offend the rule against oath-helping, given the context and the full evidence about the appellant’s character.

Court Disposition

appeal dismissed

Orders

  • conviction upheld
  • leave to appeal refused on grounds 2 and 3