Verdol, R. v

Verdol, R. v

The trial judge correctly refused leave to cross-examine child A and to introduce evidence regarding D's allegation due to lack of evidential foundation and failure to meet statutory criteria for bad character evidence. The judge properly exercised discretion to admit the applicant's bad character evidence to...

Source-derived case information.

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, Evidential Foundation, Statutory Gateways
Criminal Law Rape Child Cruelty Bad Character Evidence Cross Examination Evidential Foundation Statutory Gateways

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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 leave to cross-examine child A about alleged staged kidnapping and false sexual assault claim
  2. 2 Whether the trial judge erred in refusing leave to cross-examine A about D's allegation of sexual assault
  3. 3 Whether the trial judge erred in admitting evidence of the applicant's bad character

Ratio Decidendi

The trial judge correctly refused leave to cross-examine child A and to introduce evidence regarding D's allegation due to lack of evidential foundation and failure to meet statutory criteria for bad character evidence. The judge properly exercised discretion to admit the applicant's bad character evidence to prevent the jury from being misled and because the applicant impugned the complainants' character.

Court Disposition

application dismissed

Orders

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