The Court of Appeal dismissed an appeal from the Central Criminal Court, affirming convictions against the appellant for four counts of indecent assault involving two complainants, both of whom were minors during the relevant period. The appellant argued that the trial judge erred by admitting testimony from one complainant's mother, admitting background evidence of alleged offences not on the indictment, and allowing representative counts covering a two-year period. The Court found that although the evidence of the complainant's mother was not properly admitted under the recent complaint or recent fabrication doctrines, its admission did not result in a miscarriage of justice due to its limited prejudicial effect and the strength of the remaining evidence. The admission of background evidence and the structuring of representative counts were both held to be within the trial judge’s discretion and not legally erroneous in the context of historic sexual abuse allegations. Thus, all grounds of appeal were rejected and the convictions were upheld.
indecent assault – historic sexual abuse – appeal against conviction – complainant"s testimony – admissibility of background evidence – recent complaint rule – recent fabrication doctrine – representative counts – Rules of the Superior Courts (RSC) – Criminal Evidence Act 1992 – Central Criminal Court – application of proviso – miscarriage of justice – demeanour evidence – indictment duplicity