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Court upholds conviction and sentence for series of sexual assaults by brother
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Court of Appeal dismisses both the conviction and sentence appeals of an individual found guilty of multiple counts of sexual assault against his younger sister, rejecting the appellants challenge to the admissibility of background evidence and the use of a statement under statute, on the grounds that the evidence was both relevant and necessary, providing context for the complainant's narrative; and the court also finds that the sentence was within the appropriate range, given the gravity and duration of the offences, and did not warrant adjustment.
Sexual assault - appeal - conviction - sentence - admissibility of evidence - background evidence - Criminal Justice Act 2006 - section 16 - voir dire - necessity of evidence - consecutive sentences - mitigation - totality principle - proportionality - prepubescent victim - remorse - jury verdict - margin of appreciation.
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