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R v (1) Zunur Miah (2) Syed Ebad Uddin

Evidence of the identity of a person who was the source of the offenders' belief that a female had consented to sexual conduct was in principle relevant evidence as to whether they had had that belief and was therefore admissible under s 41(3)(a) of the Youth Justice and Criminal Evidence Act 1999, but on the facts the exclusion of that evidence had not made convictions for kidnap and sexual assault on a female unsafe.

2 June 2006

The appellants (M and U) appealed against their convictions for kidnap and indecent assault on a female. M was acquainted with the complainant and they had attended a party together. Three months later they had arranged to meet again. The complainant said that M had offered her a lift in his car, that M and his passenger U had refused to let her leave the car and had sexually assaulted her against her wishes. M and U said that they had both kissed and touched the complainant over her clothes with her consent. At trial M and U sought leave to adduce evidence of the complainant’s sexual activity at the party and to cross-examine her in that respect under s 41(3)(a) of the Youth Justice and Criminal Evidence Act 1999 on the grounds that such evidence was relevant to the issue of whether they had an honest belief that the complainant was consenting. The judge permitted M to give evidence that he had oral sex with the complainant at the party and that he had truthfully stated in interv...

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