ADEQUACY OF DIRECTION

A conviction for sexual assault was unsafe where the trial judge failed to give adequate jury directions as to whether the evidence of a former girlfriend of the accused as to an alleged incident of sexual assault was sufficient to constitute proof of a propensity by the accused to commit further sexual offences some five years later against a different former girlfriend.

[2011] EWCA Crim 2168

A good character direction had been adequate despite including the statement that the jury was “entitled” to take good character into account instead of requiring it to do so.

[2011] EWCA Crim 1069