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Criminal law – Appeal. In an unsuccessful appeal against conviction and sentence where the defendant received a nine year sentence for one count of rape, the Court of Appeal, Criminal Division provided guidance on the proper approach on deciding whether to exclude evidence of sexual behaviour of a complainant relating to a 'relevant issue in the case' within the meaning of s 41(2) of the Youth Justice and Criminal Evidence Act 1999. In the instant case it was held that the trial judge's ruling not to adduce certain evidence had not deprived the defendant of a fair trial and the nine year sentence he received was not manifestly excessive.
Criminal law – Appeal. In an unsuccessful appeal against conviction and sentence where the defendant received a nine year sentence for one count of rape, the Court of Appeal, Criminal Division provided guidance on the proper approach on deciding whether to exclude evidence of sexual behaviour of a complainant relating to a 'relevant issue in the case' within the meaning of s 41(2) of the Youth Justice and Criminal Evidence Act 1999. In the instant case it was held that the trial judge's ruling not to adduce certain evidence had not deprived the defendant of a fair trial and the nine year sentence he received was not manifestly excessive.
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