Appeal of indecent assault convictions dismissed where no hearsay evidence was permitted

Criminal law – appeal of indecent assault convictions – s. 6 of the Criminal Law Amendment Act 1935 – s. 10 of the Criminal Law (Rape) Act 1981 – alleged failure to adequately particularise – neither the judge, nor the jury, nor the parties were left in any doubt as to what were the allegations that comprised the prosecution’s case – issues arising from the opening – counsel for the prosecution did not stray beyond the bounds of propriety in outlining in his opening what evidence the prosecution would be relying upon – failure to grant a direction – complaint that the trial judge ought to have withdrawn Count No 25 from the jury is not made out – whether the trial was unsatisfactory and unfair because the prosecution were permitted to lead hearsay evidence – what the witness actually said did not therefore constitute evidence of complaint, and did not breach the rule against self corroboration – evidence of complaints to the GP and Counsellor – Evidence (2nd Ed) by Declan McGrath – evidence of medical and psychological state was both relevant and probative in terms of providing a possible explanation for the complainant’s delay in formally reporting the matter – appeal dismissed.