ADEQUACY OF JUDGE’S DIRECTION CONCERNING CAPABILITY OF BELIEF IN PROSECUTION EVIDENCE

The convictions of two appellants for sexual offences, including indecent assault and attempted rape, were upheld where the judge had rightly considered that the prosecution evidence was not such that a jury, properly directed, could not properly convict on it. The judge had also been entitled to have admitted one appellant’s previous convictions as capable of establishing his propensity to assault young females, and his summing was without any error sufficient to render the jury’s verdicts unsafe.

[2010] EWCA Crim 1738