R v Adam Courtney-Kasher
[2024] EWCA Crim 256
R v ASN
10 November 2022
[2022] EWCA Crim 1816
Court of Appeal
A man was convicted of abusing his stepdaughters and daughter. His lawyer mistakenly used a wrong date on a police document during the trial. The mistake was fixed quickly and the judge told the jury to ignore it. The Court of Appeal said the trial was still fair because of the strong evidence against the man, so his conviction was upheld.
Key Facts
- •Appellant's trial for historical sexual abuse of three young girls.
- •Defense counsel cross-examined the mother (CM) based on a mistakenly dated police schedule of text messages.
- •The schedule incorrectly listed messages accusing the appellant of abuse as sent before the initial disclosures by the complainants.
- •The error was identified, corrected, and explained to the jury.
- •The judge refused to discharge the jury.
- •Appellant was convicted on all counts.
Legal Principles
On an application to discharge a jury due to mistaken reliance on an inaccurate document, the crucial question for the trial judge is whether the defendant suffered unfair prejudice preventing a fair trial.
Case Law
On appeal, the crucial question is whether the events cast doubt on the safety of the conviction.
Case Law
Reporting restrictions apply under the Sexual Offences (Amendment) Act 1992 to protect complainants in sexual abuse cases.
Sexual Offences (Amendment) Act 1992
Outcomes
Appeal dismissed.
The judge correctly refused to discharge the jury. The mistake was promptly corrected; the judge gave clear directions to the jury; the cross-examination was an additional point, not a different line of defense; and the compelling complainant evidence supported the convictions.