Appeal dismissed as expert medical re-examination did not warrant overturning sexual offence convictions

The Court of Appeal dismissed an appeal against a Central Criminal Court conviction for rape and sexual assault, upholding the original sentences and rejecting the appellant’s argument that the trial judge had erred in permitting re-examination of expert medical evidence. The appellant contended that the expert witness was improperly asked whether the complainant's injuries were consistent with non-consensual sexual activity, potentially usurping the jury’s function in determining consent. The Court of Appeal found that, although it was improper for the expert to restate his opinion on re-examination, this did not cause a miscarriage of justice or merit setting aside the convictions, as the evidence largely repeated prior testimony and any possible prejudice was not significant. The convictions, the sentences, and the requirement for indefinite sex offenders registration therefore stand.