CASE ANALYSIS

English Legal System Case Analysis

English Legal System Case Analysis

Question 1

Are these criminal, civil or family proceedings?

The case involves the issue of sexual abuse that is experienced by the minors in their family. However, the case involved criminal proceedings since it involves conducting of sexual act against another person. In this case, a young girl, aged 13 years, alleged that her step father R has sexually abused her since she was ager 7 or 8.

What are the hearing dates of this case?

The case was heard on July 17, July 18, and December 14 in the year 1995.

On what date was judgment given in this case?

The judgment of the case was given on the date of 14th December 1995.

In which court and before which judge was this case heard at first instance?

The case was initially heard by on 14 December 1994 in the Court of Appeal by three judges that include Sir Stephen Brown P., Millett L.J., and Kennedy L.J. Before that, the appeal dissented by the Judge Davidson Q.C. in the Nottingham County Court on 23 November 1994.

Give the names of Counsel for the Local Authority, the Guardian Ad Litem (representative of the children) and the parents in this case.

The names of Counsel for the Local Authority are Lord Browne-Wilkinson and Lord Lloyd of Berwick. The name for the guardian ad litem is Lindsey Kushner Q.C. The parents in this case include mother of the girl, since she was having possession of children.

What were the facts giving rise to Mr R's criminal trial and what was the outcome of that trial?

The facts rising to the criminal trial of Mr. R were the evidence provided by the D1. She narrated a detailed account of the sexual abuse which she had been suffering from the age of 7. Her account remained consistent through out the trial. However, Mr. R refused that he was ever alone with D1 or the rest of his daughters. The court found a lack of evidence in this case, even though the judge had a strong suspicion that the D1 was actually abused by her step father. D2 has also given a statement that she has witnessed inappropriate behaviour between D1 and Mr. R. Even the mother stated that she had suspicion regarding the behaviour between the D1 and Mr. R. However, even after this evidence the court acquitted Mr. R from all the charges.

At the hearing of this case at first instance what, in summary, were the two key conclusions the judge reached in respect of D1's allegations against Mr R?

At the first instance at the hearing of the case, the judge reached the conclusion that D1's allegation was true and she needed a care order. D1 was put under foster care and Mr. R was charged with rape on four accounts. The likelihood of harm for the other children were put into consideration but there was not enough evidence that there was harm for the rest of the children, this ...