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Court of Appeal dismisses appeal from conviction of rape in respect of one accused and sexual assault in respect of other accused, on the grounds that: (a) the judge had not erred in refusing to order separate trials, where differences in account between the accused were not significant and the complainant should not have been obliged to give evidence in more than one trial; and (b) the trial judge had not erred in refusing to discharge the jury where there had been a misunderstanding of the telephone records, and where the court had offered the accused a chance to re-call the complainant for cross-examination on the relevant issues.
Criminal law - conviction of rape contrary to section 4 of the Criminal Law (Rape) (Amendment) Act 1990 - conviction of sexual assault - appeal against convictions - whether separate trials should have been ordered - whether jury should have been discharged - differences in account between co-accused - misunderstanding of telephone records.
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