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[b]Innocent Accused wrote:[/b]
[quote]JK you ruined my day,had to spend 90p to support the evil Murdoch's empire to get this one.So rather than waste it here's the story.

Previous Conviction  only admissible if probative.

In a prosecution for a sexual offence,a previous conviction,even if for a sexual offence,was admissible as evidence of propensity only if the circumstances were such that it had some probative force by reason of similarity to the offence charged.
The court of appeal (Lord Justice Moore-Bick,Mr Justice Griffith Williams and judge Elgan Edwards QC) so held on November 24th 2009,when allowing an appeal by David  Charles Clements against his conviction in Ipswich Crown court on 9th June 2009 of sexual assault,contrary to section 3 of the sexual offences act 2003.

Lord Justice Moore-Black said that the defendant was charged with having sexually assaulted two adult women at a hostel for the homeless.The defence was fabrication.
A previous conviction for sexual activity with a child under 16 had been admitted under section 101(1)(d) of the Criminal Justice act 2003 concerning bad character.
A previous conviction was admissible as evidence of propensity only if propensity only if the circumstances were such that it had some probative force by reason of similarity to the offence charged.
Consensual activity at a party was not sufficiently similar to support the prosecution case that the defendant,when in drink,impulsively exceeded the bounds of appropriate sexual behaviour notwithstanding lack of consent.[/quote]

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Topic History of: Interesting ruling by Court of Appeal
Max. showing the last 5 posts - (Last post first)

Author	Message
Innocent Accused	JK you ruined my day,had to spend 90p to support the evil Murdoch's empire to get this one.So rather than waste it here's the story. Previous Conviction only admissible if probative. In a prosecution for a sexual offence,a previous conviction,even if for a sexual offence,was admissible as evidence of propensity only if the circumstances were such that it had some probative force by reason of similarity to the offence charged. The court of appeal (Lord Justice Moore-Bick,Mr Justice Griffith Williams and judge Elgan Edwards QC) so held on November 24th 2009,when allowing an appeal by David Charles Clements against his conviction in Ipswich Crown court on 9th June 2009 of sexual assault,contrary to section 3 of the sexual offences act 2003. Lord Justice Moore-Black said that the defendant was charged with having sexually assaulted two adult women at a hostel for the homeless.The defence was fabrication. A previous conviction for sexual activity with a child under 16 had been admitted under section 101(1)(d) of the Criminal Justice act 2003 concerning bad character. A previous conviction was admissible as evidence of propensity only if propensity only if the circumstances were such that it had some probative force by reason of similarity to the offence charged. Consensual activity at a party was not sufficiently similar to support the prosecution case that the defendant,when in drink,impulsively exceeded the bounds of appropriate sexual behaviour notwithstanding lack of consent.
JK2006	Yes; sadly they don't carry the Law Reports online.
veritas	no link ?..or is it only in the print edition ?
JK2006	in Times legal today regarding previous convictions in sex cases.