Mr BW

Mr BW was convicted in September 2000 of indecent assault and received a sentence of six years’ imprisonment.

The CCRC received an application for review of the conviction in February 2002.

A prominent feature of the evidence at Mr BW’s trial was an allegation of indecent assault on the complainant made against Mr BW in 1989. This allegation did not form part of the indictment against Mr BW and the complainant could remember little about it.

At trial, the complainant’s grandmother gave detailed evidence about that allegation, as did other witnesses.

As far as the matters on the indictment were concerned, there was only the word of complainant against that of Mr BW. All of the counts except one were specimen counts and there was no forensic or other evidence to assist the jury.

However, the jury were also presented with background evidence regarding the 1989 allegation.

The prosecution argued that the 1989 allegation illustrated grooming on the part of Mr BW.

Following review, the CCRC concluded that the trial judge’s directions to the jury regarding the 1989 allegation had been inadequate.

Although directed by the judge not to speculate as to why nothing came of the 1989 complaint, in the circumstances of the evidence they heard the jury might well have taken the view that it would be appropriate for them to decide on the probable truth or otherwise of the 1989 complaint.

The CCRC considered that the jury’s conclusions regarding the indicted offences were at least in part influenced by the decision they had arrived at in that connection.

On the basis of inadequate directions, the CCRC referred the conviction in February 2007.

The Court of Appeal quashed the conviction in February 2008.