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Court of Appeal dismisses appeal of convictions for indecent assault committed by the appellant on his niece where there was an age gap of approximately 20 years between them, on the grounds that many of the arguments sought to be raised on appeal were not raised at trial, and the jury were not misled into believing that admissions in relation to a period when the complainant was over fifteen years of age were of evidential significance or amounted to corroboration.
Criminal law – appeal of convictions for indecent assault – none of the matters sought to be raised now on appeal were raised at trial – whether the trial judge erred in law in instructing the jury that proof beyond reasonable doubt was not proof beyond all reasonable doubt – failure to requisition on this point precludes the issue from being raised now – whether the trial judge erred when dealing with the issue of delay – whether the judge erred in law in failing to make it clear to the jury that any consensual activity between the appellant and complainant after she reached the age of fifteen years was not an offence – charge as a whole left the jury in no doubt that a person under fifteen years of age could not consent to sexual activity – whether the direction in relation to corroboration that was given by the trial judge was inadequate – whether a corroboration warning was required – appellant’s admission of consensual sexual activity with the complainant when she was over the age of fifteen years was not capable in law of amounting to corroboration of the complainant’s allegations of indecent assaults when she was younger – jury were not misled into believing that admissions in relation to a period when the complainant was over fifteen years of age were of evidential significance or amounted to corroboration – appeal dismissed.
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