Court of Appeal dismisses an appeal against a conviction for rape and sexual assault, on the grounds that: (a) the Court was not satisfied that the trial judge erred in finding that the evidence had the potential to amount to corroboration; (b) the trial judge had not failed to give an appropriate warning regarding testimony from the complainant’s mother on the basis the judge emphasised that it was for the jury to determine if they accepted the evidence; and (c) it was made clear to the jury that the recent complaint evidence can only be used in a limited purpose, to show consistency with the complainants evidence not to show corroboration.
Criminal Law - appeal against conviction – section 2 of the Criminal Law (Rape) Act, 1981, as amended by section 21 of the Criminal Law (Rape) (Amendment) Act, 1990 - sexual assault contrary to section 2 of the Criminal Law (Rape) (Amendment) Act, 1990 – appeal on grounds of corroboration – recent complaint evidence - appeal dismissed.