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Court of Appeal dismisses appeal of High Court refusal to restrain criminal prosecution for historic sexual assault on the grounds of delay, lost evidence and general unfairness, finding that: a) the High Court judge properly applied the established principles to the case; b) evidential matters should be dealt with by the trial judge; and c) the psychological difficulties of the appellant are not sufficient to deprive him of the capacity to plead.
Criminal law – appeal of High Court refusal to restrain criminal prosecution for historic sexual assault on the grounds of delay, lost evidence and general unfairness – loss of the evidence of the mother of the appellant – judicial review – whether the circumstances are exceptional – psychological difficulties of the appellant – appeal dismissed.
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