Rape

The defendant was charged with rape. His defence was that intimate intercourse took settle with the plaintiffs consent, or, alternatively, that he believed that she had consented. At a propaedeutic hearing pursuant to s 29 of the roughshod use and Investigations Act 1996 defence counsel applied for leave cross-examine the plaintiff about an assert previous familiar relationship amid her and the defendant. Relying on the provisions of s 41 of the Youth judge and Criminal Evidence Act 1999 the judge ruled, inter alia, that the complainant could not be cross-examined, nor could evidence be led, about her alleged informal relationship with the defendant. The judge observed that that ruling would prima(predicate) facie result in a breach of the right to a fair bowel movement down the stairs art 6 of the European skirmish on Human Rights. The defendant appealed against that ruling under s 35 of the 1996 Act. The Court of Appeal allowed his appeal, holdin g that although the core conclave of s 41 of the 1999 Act was that the alleged previous sexual relationship was inadmissible as to the issue of consent, it was admissible, as the big top had conceded, in relation to the defendants belief in the complainants consent.

The court was, however, of the view that a guardianship by the discharge judge to the jury that the evidence of the complainants consensual activity with the defendant during the period sooner the alleged rape was solely relevant to the question of the defendants belief as to consent, and not to the question whether the complainant in fact consented, might lead to an unfair trial in breach of art 6 of the! European assembly on Human Rights. The Crown appealed.Held The appeal would be dismissed.Under s 41(3)(c) of the Youth Justice and Criminal Evidence Act 1999, construed where destiny by applying the interpretative obligation under s 3 of the Human Rights Act 1998, and due regard always being paid to the importance of seeking to protect the complainant from...If you take to get a full essay, order it on our website: BestEssayCheap.com

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