Can doli incopax apply in a historical case?
Challenging False Allegations
R v Joynson - Opportunity is everything
The case of Frank Joynson highlights the danger of allegations made many decades after the event . In such circumstances the Court held that the loss of such records meant that no trial could be safe .
That could apply as equally to a very specific allegation as it could to a general allegation such as a GP appointment about a particular ailment .
This was an approach to be taken on a case by case basis but where dout was raised on one or more complainants this could have a knock on effect on other complainants ( reverse similar fact )
Where now for childhood amnesia
In R v H the question arises whether a defendant who was within the age range for doli incopax at the time of alleged offences should be able to take advantage of the doctrine that he may have lacked legal responsibility .
The questionhas now been addressed in a ruling on 29th January 2010 and the Court held it did apply and a Jury should have been so directed .
The doctrine was repealed some time ago for new cases and the Court recently confirmed it is no longer available .
In R v E [ 2009 ] the Court of Appeal sought to further distance the recent chain of cases over childhood amenesia which had led to the prominence of the theory that any complaints by complainants when they were very young
( typically 2 - 5 ) arguing that such material could only be accepted in the most exceptional of cases .
The problem is that the case leaves unanswered what is an exceptional case . Until this issue is addressed it appears that the issue of childhood amnesia will remain on the agenda ut it will have to e the most severe examples .
Is the rape conviction rate as bad as Vera would have us believe ?
The old chestnut of needing to do more to secure more rape convictions is a great vote winner and lets face it that's something the present government need . But the reality is rather different as exposed in an Article in the Times on 16th October 2009 .
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