Practice and Procedure

R V T (2004)

PUBLISHED February 20, 2004

[2004] EWCA Crim 1220

The defendant's conviction was unsafe as the judge had wrongly refused an application for leave to cross-examine the victim, and had put to the defendant, evidence of previous sexual acts of a similar nature. The judge's attention had wrongly been drawn to s.41(3)(c)(ii) Youth Justice and Criminal Evidence Act 1999 when the matter should have been considered under s.41(3)(c)(i).

CA (Crim Div) (Waller LJ, Hedley J, Judge Stephens QC)