Appeal rejected where Felicity Gerry leading Georgina Gibbs successfully use hearsay provisions to call evidence from a very young child too traumatised to give evidence in a rape prosecution

Felicity Gerry KC
Felicity Gerry KC

Legal. Media. KC.

An application for leave to appeal a conviction for rape and making indecent images of a child was refused by the full Court of Appeal on Friday 17th January 2014. Felicity leading Georgina were both instructed by Lincoln CPS for the prosecution in R v Ambrose Clifton at trial against Queen’s Counsel and a senior junior. They used the hearsay provisions in both sections 116 and 114 of the Criminal Justice Act 2003 to rely successfully on pre-recorded video and audio of the child’s complaints and to admit drawings and notes made by the child as well as adducing indecent images recovered from the defendant’s computer. Felicity was also instructed to draft the response on behalf of the prosecution Appeal Unit to the grounds of Appeal.

To hear Felicity’s podcast on prosecuting child abuse for CPDCast.com click here.

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