Wayne, R. v

Wayne, R. v

The trial judge's refusal to permit cross-examination under s.41 was within his discretion as the prior behaviour was not sufficiently similar to the events in question, and the admission of bad character evidence was justified as it was relevant to the issue of propensity for violence, which was central to determining responsibility for the violence used during the alleged offences.

Parties
Respondent: Regina; Appellant: Wayne Lee Harris
Jurisdiction
England and Wales
Judgment Date
09 March 2009
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Conviction
Outcome
Appeal dismissed; conviction upheld.
Legal Topics
Rape, False Imprisonment, Assault Occasioning Actual Bodily Harm, Bad Character Evidence, Cross Examination Under S.41 Youth Justice and Criminal Evidence Act 1999
Criminal Law Rape False Imprisonment Assault Occasioning Actual Bodily Harm Bad Character Evidence Cross Examination Under S.41 Youth Justice and Criminal Evidence Act 1999

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Parties

Regina

Respondent

Wayne Lee Harris

Appellant

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Conviction

Legal Issues

  1. 1 Whether the trial judge erred in refusing cross-examination of the complainant under s.41 of the Youth Justice and Criminal Evidence Act 1999
  2. 2 Whether the trial judge erred in admitting bad character evidence against the appellant

Ratio Decidendi

The trial judge's refusal to permit cross-examination under s.41 was within his discretion as the prior behaviour was not sufficiently similar to the events in question, and the admission of bad character evidence was justified as it was relevant to the issue of propensity for violence, which was central to determining responsibility for the violence used during the alleged offences.

Court Disposition

Appeal dismissed; conviction upheld.

Orders

  • No further orders; conviction stands.