Campbell, R v

Campbell, R v

The judge correctly applied the law and found no proper evidential basis to allege falsity of the earlier allegations; the material did not justify permitting the proposed cross-examination under either section 41 of the 1999 Act or section 100 of the 2003 Act. The convictions were not unsafe.

Parties
Applicant: Wayne Campbell; Respondent: Regina
Jurisdiction
England and Wales
Judgment Date
13 April 2016
Procedural Posture
Criminal Appeal / Renewed Application for Leave to Appeal Against Conviction
Outcome
Renewed application for leave to appeal against conviction refused.
Legal Topics
Rape, Assault Occasioning Actual Bodily Harm, Admissibility of Evidence, Cross Examination, Bad Character Evidence, Sexual Offences
Criminal Law Rape Assault Occasioning Actual Bodily Harm Admissibility of Evidence Cross Examination Bad Character Evidence Sexual Offences

Case Brief

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 7 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

Wayne Campbell

Applicant

Regina

Respondent

Procedural Posture

Criminal Appeal / Renewed Application for Leave to Appeal Against Conviction

Legal Issues

  1. 1 Whether leave should be granted to cross-examine the complainant on previous allegations of sexual misconduct
  2. 2 Whether section 41 of the Youth Justice and Criminal Evidence Act 1999 or section 100 of the Criminal Justice Act 2003 applies to the proposed cross-examination
  3. 3 Whether there was a proper evidential basis for asserting that previous allegations made by the complainant were false

Ratio Decidendi

The judge correctly applied the law and found no proper evidential basis to allege falsity of the earlier allegations; the material did not justify permitting the proposed cross-examination under either section 41 of the 1999 Act or section 100 of the 2003 Act. The convictions were not unsafe.

Court Disposition

Renewed application for leave to appeal against conviction refused.