R v Wilson

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

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Parties

Wilson

Appellant

Crown Prosecution Service

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Conviction and Sentence

  1. 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. 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. 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