R v BQX 2025
In 2023, BQX (then 57) was convicted of 24 sexual offences against 5 male complainants, including his stepsons; 19 counts of indecent assault on a male person, contrary to section 15(1) Sexual Offences Act 1956, three counts of rape, contrary to section 1(1) Sexual Offences Act 1956, and two counts of indecency with a child, contrary to section 1(1) Indecency with Children Act 1960.
At trial, the prosecution relied on the complainants' evidence, previous reports, other witness testimony, a 2016 conviction in Ireland, and bad character evidence allowed by the court. During cross-examination, BQX downplayed his 2016 conviction as immaturity, denied sexual interest in boys, and created a false impression. The prosecution then sought to cross-examine BQX on his 2019 conviction for 20 counts of indecent assault in Ireland, which had initially been overlooked. The trial judge allowed the cross-examination to rebut the false impression created by BQX.
BQX argued that the trial judge should not have allowed cross-examination on the 2019 conviction after the close of the prosecution's case. The Prosecution contended that BQX had created a false impression during cross-examination, justifying the admission of the 2019 conviction evidence under section 101(1)(f) to rebut the false impression.
Held
Appeal dismissed. Conviction upheld.
The court dismissed the BQX's application for leave to appeal against his convictions.
The court found that while the general rule is for all prosecution evidence to be presented before the close of its case, there are exceptions where admitting late evidence is in the interests of justice. BQX was aware of his 2019 conviction and had attempted to create a false impression, opening the door for its admission under section 101(1)(f) to correct that impression. Given the strong evidence against BQX, admitting the 2019 conviction caused minimal prejudice.
Reproduced with permission of Reed Elsevier (UK) Limited, trading as LexisNexis.
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