R v Wilson
The appeal against conviction was dismissed because the trial judge correctly admitted the Bullough letter as hearsay, properly excluded the police station evidence as bad character evidence of little probative value, and the fresh evidence from Maxine Wilson did not meet the statutory requirements for admission. The sentence was upheld as appropriate for a campaign of rape with aggravating factors.
- Parties
- Appellant: Wilson; Respondent: Crown Prosecution Service
- Jurisdiction
- England and Wales
- Judgment Date
- 03 November 2022
- Procedural Posture
- Criminal Appeal / Judgment on Appeal Against Conviction and Sentence
- Outcome
- Appeal against conviction and sentence dismissed
- Legal Topics
- Sexual Offences, Indecent Assault, Rape, Bad Character Evidence, Hearsay Evidence, Fresh Evidence, Sentencing
Case Brief
Summary, issues, holding and outcome
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Parties
Wilson
Appellant
Crown Prosecution Service
Respondent
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Conviction and Sentence
Legal Issues
- 1 Whether the trial judge erred in admitting hearsay evidence (the Bullough letter) under s.116/s.117 Criminal Justice Act 2003 and not excluding it under s.78 PACE
- 2 Whether the trial judge erred in excluding evidence relating to the complainant's alleged attendance at a police station as bad character evidence
- 3 Whether fresh evidence from Maxine Wilson should be admitted under s.23 Criminal Appeal Act 1968
Ratio Decidendi
The appeal against conviction was dismissed because the trial judge correctly admitted the Bullough letter as hearsay, properly excluded the police station evidence as bad character evidence of little probative value, and the fresh evidence from Maxine Wilson did not meet the statutory requirements for admission. The sentence was upheld as appropriate for a campaign of rape with aggravating factors.
Court Disposition
Appeal against conviction and sentence dismissed
Orders
- Conviction upheld
- Sentence of 17 years' imprisonment affirmed
Full Case Text
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