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Court of Appeal: (a) dismisses appeal against conviction of two counts of sexual assault of stepdaughter, on the grounds that the trial judge had been entitled to admit evidence from another stepdaughter of the accused as to sexual interest in her and that he had been entitled to exercise his discretion not to give a corroboration warning; and (b) allows appeal from severity of consecutive sentences (of five years, with 18 months suspended, and five years with three years suspended) and substitutes concurrent sentences of two years and three-and-a-half years, on the grounds that the totality of the original sentence was 'significantly out of kilter' with those imposed in other similar cases.
Criminal law - appeal against conviction and sentence - sexual assault - alleged assault of partner's daughter when she was 15 to 16 - appeal on ground that verdict of jury 'went against the weight of the evidence' - failure to provide access to counselling notes of complainant - evidence by complainant's sister concerning other conduct on the part of the accused - refusal of corroboration warning - relevance and necessity of similar fact evidence - consecutive sentences of: five years with 18 months suspended; and five years with three years suspended - breach of trust - impact on victim - previous convictions relating to use of alcohol.
Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.
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