Practice and Procedure

R v (1) G (2) G (2009)

PUBLISHED October 8, 2009

[2009] EWCA Crim 1943

A judge had been right in refusing to order the further disclosure of diaries kept by a complainant who had alleged indecent assault by her mother and step-father where the prosecution had stated in open court that they contained no reference to the allegations made. What was important to the defence was the admitted absence of any reference to abuse in any disclosed diary, and the refusal of further disclosure had not been unfair nor prejudicial and did not render the mother and step-father's convictions for indecent assault and indecency with a child unsafe.

CA (Crim Div) (Stanley Burnton LJ, Butterfield J, Judge Michael Baker QC)