R v Marshall

The appellant was convicted of various sexual offences against a child under his care, including unlawful carnal knowledge, indecent treatment, exposing a child to an indecent film, and maintaining a sexual relationship with a child under the age of 16 years. He was sentenced to six years in prison. The case was heard in the appellate court, which was tasked with determining whether the appellant's appeal should be dismissed or if a new trial should be ordered due to a potential miscarriage of justice.

The primary legal issues before the court were whether the admission of certain evidence amounted to a miscarriage of justice, whether the refusal to call the complainant as a witness or allow further cross-examination amounted to a miscarriage of justice, and whether the trial judge's failure to provide certain jury directions amounted to a miscarriage of justice. The appellant argued that the inclusion of acquitted acts in the complainant's evidence, the denial of an opportunity to further cross-examine the complainant, and the failure to give Longman and Robinson directions to the jury constituted a miscarriage of justice.

The court found that the inclusion of acquitted acts in the complainant's evidence did not amount to a miscarriage of justice, as the appellant had not objected to the evidence at trial. The court also found that the refusal to call the complainant as a witness or allow further cross-examination did not amount to a miscarriage of justice, as the appellant had not demonstrated that the evidence from the complainant was unreliable or that he had been prejudiced by the refusal. Finally, the court held that the trial judge's failure to give Longman and Robinson directions did not amount to a miscarriage of justice, as the jury had been adequately directed on the assessment of the complainant's credibility and the timing of the complaint.

The appeal was dismissed, and the conviction and sentence were upheld.