[2004] EWCA Crim 916

Although the judge should have allowed the defendant to cross examine the victim under s.41 Youth Justice and Criminal Evidence Act 1999, the conviction for indecent assault and assault occasioning actual bodily harm was safe as even if the questions had been asked the victim would have denied the allegations and the judge would have directed that the questions provided no basis on which to convict.

CA (Crim Div) (Rose LJ, Crane J, Hunt J)

25/03/2004