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Trial judge approached issue of possible collusion correctly

By: Hannah Godfrey BL

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Court of Appeal dismisses appeal against conviction for sexual offences, where: (a) the manner in which the trial judge approached the question of collusion or contamination between witnesses was entirely appropriate in circumstances where no application for a corroboration warning was made and no specific requisition was made at the time; and (b) it would have been desirable if the prosecution had set out its stall at the start of the case and explained why they were proceeding with counts involving two complainants and how the jury should deal with that situation, but the identification of this issue at a point in time remote from the trial did not give rise to any concern as to the fairness of the trial or the safety of the verdict.

Appeal against conviction for multiple counts of rape and indecent assault - two complainants are daughters of the appellant - charges presented as sample charges - whether trial judge erred in law and in fact in failing to properly address the jury on the danger of contamination between witnesses - whether jury’s verdicts were perverse and incompatible with the evidence - whether conviction was unsafe.

Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.

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