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Court of Appeal dismisses appeal against conviction for sexual assault, on the grounds, inter alia, that: (a) there was undoubtedly a sufficient nexus between the counts relating to the two complainants to entitle the trial judge to exercise her discretion in the manner that she did and not to order separate trials; (b) the inconsistencies in the evidence were entirely within the remit of the jury and there had been no basis for a directed acquittal; (c) there had not been an obligation on the trial judge to stop the trial; and (d) all the issues were fully litigated before the trial judge, and it was quite clear from the perusal of the transcript that she engaged fully with the arguments as those arguments were advanced by both the appellant and the respondent.
Appeal against conviction on multiple counts of sexual assault - two complainants who are sisters and nieces of the appellant's partner - alleged offences happened when complainants were 6-12 (multiple occasions) and approx. 6-7 (one occasion) respectively - both complainants gave evidence that the appellant put his hand into their underwear and touched their vaginas - whether trial judge erred in refusing to sever the indictment and in refusing to order separate trials - whether trial judge erred in refusing the appellant’s direction application and/or failed to properly consider and/or determine the submissions made on behalf of the appellant - whether trial judge erred in failing to dismiss the jury - whether trial judge erred in not having due regard to the significant shift in the evidence of the main complainant - whether trial judge erred when charging the jury on the issue of sample counts and did so in an unfair and incorrect manner - whether the trial judge when charging the jury erred by mischaracterising the appellant’s case - whether the trial was unsatisfactory on the basis of the cumulative effect of the grounds of appeal.
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