T, R. v (Rev 1)

T, R. v (Rev 1)

Questions about the complainant's sexual orientation and identity constituted 'sexual behaviour' under section 41 of the Youth Justice and Criminal Evidence Act 1999, were speculative, irrelevant, and primarily aimed at impugning credibility; exclusion of such questions did not render the trial unfair or unsafe.

Source-derived case information.

Parties
Respondent: Regina; Appellant: T
Jurisdiction
England and Wales
Judgment Date
25 February 2021
Procedural Posture
Criminal Appeal / Judgment on Appeal
Outcome
appeal dismissed
Legal Topics
Sexual Offences, Cross Examination, Admissibility of Evidence, Section 41 Youth Justice and Criminal Evidence Act 1999
Criminal Law Evidence Law Sexual Offences Cross Examination Admissibility of Evidence Section 41 Youth Justice and Criminal Evidence Act 1999

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Parties

Regina

Respondent

T

Appellant

Procedural Posture

Criminal Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether questions regarding complainant's sexual orientation and identity constitute 'sexual behaviour' under section 41 of the Youth Justice and Criminal Evidence Act 1999
  2. 2 Whether exclusion of such questions rendered the trial unfair or unsafe

Ratio Decidendi

Questions about the complainant's sexual orientation and identity constituted 'sexual behaviour' under section 41 of the Youth Justice and Criminal Evidence Act 1999, were speculative, irrelevant, and primarily aimed at impugning credibility; exclusion of such questions did not render the trial unfair or unsafe.

Court Disposition

appeal dismissed