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You are here: BAILII >> Databases >> England and Wales Court of Appeal (Criminal Division) Decisions >> RL, Re [2015] EWCA Crim 1215 (24 June 2015) URL: https://www.bailii.org/ew/cases/EWCA/Crim/2015/1215.html Cite as: [2015] EWCA Crim 1215 |
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CRIMINAL DIVISION
Strand London, WC2A 2LL |
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B e f o r
e :
MR JUSTICE BLAIR
MR JUSTICE HOLROYDE
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VERSION
OF JUDGMENT
Crown Copyright ©
"It would bevery
helpful and then we can stick to the script. I mean I appreciate some of it depends upon the answers. There has to be some flexibility but yes, it would be
very
helpful, Mr Dunning. Thank you
very
much."
"So far as [the] Defendant is concerned you must also bear in mind the difficulty which Mr Dunning had in cross-examination of the children. It is not possible to cross-examine children in the same way as you would an adult, it necessarily has to be more simple and inevitably cannot be as incisive as cross-examination of an adult. So please bear that disadvantage in mind." (Summing-up page 3G)
"In order to prepare for the trial, the court must take everyreasonable
step -
(a) to encourage and to facilitate the attendance of witnesses when they are needed; and
(b) to facilitate the participation of any person, including the defendant."
Rule
3.9(6) goes on to say:
"Facilitating the participation of any person includes giving directions for the appropriate treatment and questioning of a witness or the defendant, especially where the court directs that such questioning is to be conducted through an intermediary."
"It is now generally accepted that if justice is to be done to thevulnerable
witness and also to the accused, a
radical
departure from the traditional style of advocacy will be necessary. Advocates must adapt to the witness, not the other way
round.
They cannot insist upon any supposed
right
'to put one's case' or previous inconsistent statements to a
vulnerable
witness. If there is a
right
to 'put one's case' (about which we have our doubts) it must be modified for young or
vulnerable
witnesses. It is perfectly possible to ensure the jury are made aware of the defence case and of significant inconsistencies without intimidating or distressing a witness ..."
"... your abuse of your children continued thereafter. It was a case, I am satisfied, of grossly excessive discipline. You threatened them, you hit them, you shouted at them".
The judge went on to say that he regarded
the offences as a gross breach of trust, for which the appellant had shown no
remorse.
He accepted that there was no evidence of serious physical injury, but said:
"... it was perfectly obvious to me that the two children who werevideoed
had suffered significant psychological damage which will live with them for
very
many years."
"... I am prepared to accept that you were brought up in a different culture as to the discipline of children. I also accept that the other side of you shows you to be a hard-working woman who provided materially for your children. You ensured a tidy and clean home and you ensured that the children were well clothed and well fed. You have no previous convictions, and I accept of course that part of the burden of your conduct is that you are likely to be deprived of the care of your children.
Bearing all those matters in mind, I am prepared to accept that, notwithstanding the fact that there are three children involved here, this comes towards the lower end of the sentencingrange."