Practice and Procedure

R v ANDREW JAMES H (2007)

PUBLISHED November 9, 2007
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[2007] EWCA Crim 3198

A judge had not erred in law in rejecting an offender's submission of no case to answer to four counts of rape and two counts of sexual assault, all of a child aged under 13, in circumstances where, despite inconsistencies in the victim's evidence, through the victim's various accounts the judge had a clear basis on which to form his conclusion that, applying the principles established in R. v Galbraith (George Charles) [1981] 1 W.L.R. 1039, it was for the jury and not for him to assess the victim's credibility.

CA (Crim Div) (Rix LJ, Cox J, Swift J)

09/11/2007

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