Verdol, R. v [2015] EWCA Crim 502 (03 March 2015)

Verdol, R. v [2015] EWCA Crim 502 (03 March 2015)

The trial judge was correct to refuse the proposed cross-examination of child A and D due to lack of evidential foundation and failure to meet statutory criteria for bad character evidence. The judge was also correct to admit the applicant's bad character evidence as the statutory gateways were open and it was...

Source-derived case information.

Citation
[2015] EWCA Crim 502
Parties
Respondent: Regina; Applicant: Victor Verdol
Jurisdiction
England and Wales
Judgment Date
03 March 2015
Procedural Posture
Criminal Appeal / Renewed Application for Leave to Appeal Against Conviction
Outcome
application dismissed
Legal Topics
Rape, Child Cruelty, Bad Character Evidence, Cross Examination of Witnesses, Admissibility of Evidence
Criminal Law Rape Child Cruelty Bad Character Evidence Cross Examination of Witnesses Admissibility of Evidence

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 5 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Regina

Respondent

Victor Verdol

Applicant

Procedural Posture

Criminal Appeal / Renewed Application for Leave to Appeal Against Conviction

Legal Issues

  1. 1 Whether the trial judge erred in refusing to allow cross-examination of a child complainant about an alleged staged kidnapping and false sexual assault allegation
  2. 2 Whether the trial judge erred in refusing to allow cross-examination of a child complainant about an allegation made by another child
  3. 3 Whether the trial judge erred in admitting evidence of the applicant's bad character (drug dealing)

Ratio Decidendi

The trial judge was correct to refuse the proposed cross-examination of child A and D due to lack of evidential foundation and failure to meet statutory criteria for bad character evidence. The judge was also correct to admit the applicant's bad character evidence as the statutory gateways were open and it was necessary to avoid misleading the jury.

Court Disposition

application dismissed

Orders

  • Renewed application for leave to appeal against conviction is dismissed.
  • Order under section 39 of the Children and Young Persons Act 1933 prohibiting identification of child complainants or witnesses.