R v Victor Marke
The judge properly directed the jury on the issue of collusion and contamination, and it was for the jury to decide whether to exclude that possibility. The evidence was mutually admissible and the principles in Chopra were correctly applied. There was no error in the judge’s approach and no obligation under s.107 arose.
- Parties
- Respondent: Rex; Applicant: Victor Marke
- Jurisdiction
- England and Wales
- Judgment Date
- 04 April 2023
- Procedural Posture
- Criminal Appeal / Renewed Application for Leave to Appeal Against Conviction
- Outcome
- renewed application for leave to appeal dismissed
- Legal Topics
- Sexual Offences, Cross Admissibility, Bad Character Evidence, Jury Directions, Collusion and Contamination
Case Brief
Summary, issues, holding and outcome
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Parties
Rex
Respondent
Victor Marke
Applicant
Procedural Posture
Criminal Appeal / Renewed Application for Leave to Appeal Against Conviction
Legal Issues
- 1 Whether the trial judge erred in directing the jury on cross-admissibility of complainants' evidence
- 2 Whether the judge should have excluded the possibility of collusion or contamination himself rather than leaving it to the jury
- 3 Whether the judge failed to comply with obligations under s.107 of the Criminal Justice Act 2003
Ratio Decidendi
The judge properly directed the jury on the issue of collusion and contamination, and it was for the jury to decide whether to exclude that possibility. The evidence was mutually admissible and the principles in Chopra were correctly applied. There was no error in the judge’s approach and no obligation under s.107 arose.
Court Disposition
renewed application for leave to appeal dismissed
Full Case Text
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