Practice and Procedure

R v STEPHEN E (2009)

PUBLISHED December 16, 2009

[2009] EWCA Crim 2668

Where the cross-examination of a complainant under the Youth Justice and Criminal Evidence Act 1999 s.41(1) to show that her allegations of sexual abuse against an individual were false, and therefore that her allegations against the defendant were likely to be false, meant that the jury would have been told about the individual's limited admissions to the allegations, there was no real prospect that the jury would infer that the allegations were false, and an application under s.41(1) was refused.

CA (Crim Div) (Moore-Bick LJ, Griffith Williams J, Recorder of Chester)