A man convicted of defiling a teenage girl has had his conviction overturned by an appeal court. The three-judge court ruled that remarks made by the trial judge during the case “crossed a line,” affecting how the jury would assess parts of the defence. According to the appeal court, the trial judge suggested that if the jury rejected the man’s claim that he did not have sex with the alleged victim, they might take a “jaundiced” view of his evidence that he believed the complainant was 18. The appeal court found that this guidance prevented the jury from properly considering the second element of the defence and deprived the appellant of the benefit it might otherwise have provided. Both reports describe the same core issue: the appellate court overturns the outcome not on the underlying allegation itself, but because the trial judge’s comments interfered with the jury’s proper evaluation of the defence. The decision means the conviction cannot stand as it was originally entered.
Conviction for alleged defilement overturned after appeal court criticises trial judge remarks
A man convicted of defiling a teenage girl has had his conviction overturned by an appeal court. The three-judge court ruled that remarks made by the trial judge during the case “crossed a line,” affe...
- A three-judge court overturns a man’s conviction for alleged defilement of a teenage girl.
- The court finds the trial judge’s remarks “crossed a line.”
- The remarks are described as implying the jury might take a “jaundiced” view of the defendant’s claim that he believed the girl was 18 if they rejected his denial of sex.
- The appellate court says the comments prevented proper consideration of the second defence element.
- As a result, the conviction is set aside.
Ms Justice Butler said the judge’s remarks prevented proper consideration of the second defence and deprived the appellant of the benefit it might otherwise have afforded
3 hours agoThe three-judge court struck down the conviction after hearing that the trial judge had suggested that if the jury rejected the man's claim that he didn't have sex with the alleged victim, they might take a 'jaundiced' view of his claim that he believed she was 18.
4 hours ago
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