CRIMINAL DIVISION
ON APPEAL FROM THE CROWN COURT AT BRADFORD
HIS HONOUR JUDGE ANDREW HATTON T20207212
Strand London WC2A 2LL |
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B e f o r e :
MRS JUSTICE McGOWAN DBE
HIS HONOUR JUDGE DREW KC
(Sitting as a Judge of the CACD)
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REX |
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HUSSAN SYED BUSHARAT BABER HUSSAIN |
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Lower Ground Floor, 46 Chancery Lane, London, WC2A 1JE
Tel No: 020 7404 1400; Email: rcj@epiqglobal.co.uk (Official Shorthand Writers to the Court)
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Crown Copyright ©
LADY JUSTICE WHIPPLE:
The facts
Ruling on submissions of no case
Grounds of appeal
a. First, he says that the judge did not adequately direct the jury in relation to the issue of identification. This breaks down into two limbs. First, that the judge did not sufficiently explain the significance of the evidence from the defence witness Sheila Carruthers when giving his direction; and secondly, that the judge erred in failing to provide written directions in relation to the issue of identification to the jury and that there was a delay in coordinating the oral direction he did give with his summary of the evidence, so that in that respect too there was a failure to convey the significance of this evidence to the jury.
b. His second ground is that the judge's directions in response to the Crown's suggestion that Sheila Carruthers had committed housing benefit fraud were inadequate.
c. Third, he submits that if the directions in Sabir's case had been full and fair, that would have benefited Basharat given that the two defendants' cases were inextricably linked.
a. By the first he argues that the judge should have stopped the case against Hussain at the close of the prosecution case.
b. By the second he argues alternatively that the judge ought to have exceeded to the submission of no case to answer on counts 17 and 18.
c. By the third he submits that the judge failed to adequately direct the jury on the issue of consent. This third ground is built on analogy with Sabir's case in that it is said that the judge failed to draw the threads together on the question of consent by drawing attention to, for example, the relatively small age gap between the complainant and Hussain, her willingness to be in a relationship with him and the fact that she had lied about her age.
Basharat's applications
Hussain's applications