Trinity Criminal and Regulatory barrister David Comb has been praised for “efficient and focussed advocacy” as the Court of Appeal upheld a conviction for offences of non-current rape and indecent assault, as well as a sentence of seventeen years imprisonment.
David was instructed by the CPS Appeals and Review Unit in R v Wilson [2022] EWCA Crim 1438.
When addressing issues of general application in cases of this type, the Court ruled that evidence of a 1984 letter authored by a consultant gynaecologist, who performed an abortion on the victim, had been correctly admitted. The Doctor wrote that his suspicions had been aroused by an “unusually close” relationship with her stepfather. The Court held that on a proper analysis, the contents of the letter were observational rather than opinion evidence; and that it was admissible on either of the grounds that the gynaecologist was deceased, or that it was a business record.
Furthermore, the Court considered the provisions relating to non-defendant bad character evidence, as well as myths and stereotypes. The offender asserted that the victim had latterly been questioned by police on suspicion of theft and had called upon him for moral support. However, the Court held that this material failed the “substantial probative value” test, where the victim had not claimed to draw down the curtain on her stepfather after she left home and the abuse ended.
Lastly the Court, having received evidence de bene esse, considered the provisions of s23 of the Criminal Appeal Act and especially the circumstances in which there may be a “reasonable explanation” for the failure to call evidence at trial.