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Court of Appeal dismisses appeal against conviction for sexual assaults on a fifteen-year-old girl who was the niece of the appellant’s wife, finding: 1) the trial judge was correct to allow a psychiatrist to say that the complainant was admitted to acute care because of the effects of sexual assault; 2) the trial judge was entitled not to give the jury a corroboration warning; and 3) though a poor choice of language, the judge’s reference to the appellant as “the bold Freddie” did not render the verdict unsafe.
Criminal law – appeal against conviction for sexual assaults on a fifteen-year-old girl who was the niece of the appellant’s wife – corroboration warning to the jury – trial judge referred to the accused as “the bold Freddie” – whether trial judge should have allowed a psychiatrist to say that the complainant was admitted to acute care because of the effects of sexual assault – corroboration warning is by statute a matter for the discretion of the trial judge – s. 7 of the Criminal Law (Rape) (Amendment) Act 1990 – no factors present which would justify the court interfering with the judge’s decision not to give such a warning – “bold Freddie” remark by judge did not taint the trial process – application to adduce fresh evidence refused – appeal dismissed.
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