R v Pedley
2014
COURT OF APPEAL (CRIMINAL DIVISION)
United Kingdom
CORAM
- LORD JUSTICE FULFORD
- MR JUSTICE HOLROYDE
- HIS HONOUR JUDGE LAKIN
Areas of Law
- Criminal Law and Procedure
- Evidence Law
2014
COURT OF APPEAL (CRIMINAL DIVISION)
United Kingdom
CORAM
AI Generated Summary
The applicant was convicted of two counts of rape at the Crown Court at Wood Green and was sentenced to 14 years' imprisonment. He appealed against his conviction and sentence. The appeal raised issues regarding the admissibility of his previous convictions and the bad character of a witness. The court held that the trial judge did not err in admitting evidence of the applicant's previous convictions or in prohibiting the defence from investigating the witness's bad character. The applications for leave to appeal both the conviction and sentence were refused.
J U D G M E N T
LORD JUSTICE FULFORD:
Introduction
On 10th January 2013 in the Crown Court at Wood Green, the applicant, who is aged 39, was convicted of two counts of rape. On 8th March 2013 His Honour Judge Carr sentenced him to an extended sentence of 14 years' imprisonment, made up of a nine year custodial term and a five year extension period. The Registrar referred his applications for leave to appeal against conviction and sentence to the full court.
The provisions of the Sexual Offences (Amendment) Act 1992 apply to this case. No matter relating to the victim shall be included in any publication during her lifetime if it is likely to lead members of the public to identify her as the victim of these offences.
The facts
The complainant first came across the applicant a week before the incident. She had been shopping with a friend when they encountered the applicant and a friend of his called Rajay. She exchanged telephone numbers with Rajay and they agreed to see each other again on 27th April 2011. When they met up as arranged, Rajay was with the applicant and the complainant understood that they were cousins. They had a drink in a local park and visited a flat where they met a man the complainant believed was their grandfather.
After they left, the complainant realised she had left her mobile telephone behind and they returned to collect it. Once inside the flat, she and Rajay shut themselves in the bathroom in order to spend some time together alone. However she declined an offer to accompany him to his flat and he said he would walk with her to the bus stop.
When they left the flat the complainant noticed that the applicant was agitated. He said he wanted her to stay and that she should not go home. He asked her whether they had done something wrong. She told him she simply wanted to go home. The applicant then grabbed her and carried her up the stairs. She struggled and asked him to put her down, but he carried her up four or five flights of stairs. He stopped in a stairwell and placed his hands around her neck. Rajay tried to stop the applicant, but the latter pushed him away. The applicant pulled down the complainant's trousers and underwear and he raped her vaginally and orally. He ignored her pleas to stop. He ejaculated on the floor. She pulled up her clothing and Rajay tried to console her. He told her to go to the police.
Although there were police cars in the vicinity, the complainant simply wanted to get away from the area. She