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Court of Appeal dismisses appeal of convictions for indecent assault which occurred on a regular basis over the period of approximately five years where the complainant was a younger brother of the appellant, on the grounds that: a) the admission of additional evidence and the amendment of the Indictment was properly dealt with by the trial judge; and b) the trial judge was correct to refuse the defence application to discharge the jury in relation to prejudicial comments on the internet after he specifically asked the jury if any of them had seen the postings in question.
Criminal law – appeal of convictions for indecent assault – complainant was a younger brother of the appellant – sexual abuse on a regular basis over the period of approximately five years – admission of additional evidence and the amendment of the Indictment – s. 6(1) of the Criminal Justice (Administration) Act 1924 – prejudicial comments on the internet – whether the trial judge was correct in refusing to discharge the jury and continuing with the trial – trial judge specifically asked the jury if any of them had seen the postings in question – trial judge was correct to refuse the defence application to discharge the jury – appeal dismissed.
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