R v BAT

The appellant, BAT, appealed against his conviction for indecent treatment of a child under 16 years under his care, carnal knowledge of a child under his care, and maintaining a sexual relationship with a child with a circumstance of aggravation. The appeal was heard by the Court of Appeal, which also considered an application for leave to appeal against the sentence. The trial had been delayed by eight years, and there were inconsistencies in the complainant's evidence. The appellant also argued that the trial judge should have given a Longman warning to the jury regarding the delay, and that the jury should not have been allowed to take a letter from the complainant into the jury room.

The court considered whether the verdict was unreasonable or insupportable, given the inconsistencies in the complainant's evidence. The court also considered whether the trial judge should have given a Longman warning to the jury regarding the delay between the first offence and the trial. The court examined the relevance of the Longman warning in light of the defence counsel's comments before summing up, and whether the failure to give such a warning resulted in a miscarriage of justice. Additionally, the court examined whether the exhibit, a letter from the complainant outlining various offences, should have been withheld from the jury.

The Court of Appeal found that the inconsistencies and discrepancies in the complainant's evidence were insufficient to conclude that the verdict was unreasonable or insupportable. The court also found that the trial judge's failure to give a Longman warning did not result in a miscarriage of justice, given the comments made by defence counsel. The court held that the exhibit, the letter from the complainant, should not have been taken into the jury room, but this did not affect the safety of the verdict. The appeal against the conviction was dismissed. The application for leave to appeal against the sentence was also refused.