LT, R. v

Brian McCartney KC with Conan Rea (instructed by McConnell Kelly & Co, Solicitors) for the Applicant Tessa Kitson KC with J Johnston (instructed by the PPS) for the Respondent

We have anonymised the applicant�s name to protect the identity of the complainant and so this will appear as the cypher LT.� The complainant is entitled to automatic anonymity in respect of these matters by virtue of section 1 of the Sexual Offences (Amendment) Act 1992.

[2]������ The trial commenced on 25 January 2022.� The jury retired on 8 February at approximately 1:45pm.� They deliberated until approximately 11:30am on 10 February when they returned a unanimous verdict of guilty on all counts. �The matter was adjourned for sentence and the defendant was ultimately sentenced to 16 years� imprisonment on 11 October 2023.

[3]������ Leave to appeal the conviction was refused by the Single Judge. �The applicant renewed his application before the full court. �We refused the application and dismissed the appeal at the conclusion of the hearing with written reasons to follow. �This judgment contains those reasons.

[7]������ As it transpired the central ground of the applicant�s appeal focused on the replaying of a substantial portion of the ABE interviews to the jury, after their retirement, and in response to a specific request from the jury to listen to the recording again. �The applicant contends that the trial judge erred in allowing the jury to rewatch the majority of the complainant's ABE interview and, in particular, failed to properly balance the risk of them attaching disproportionate weight to same by reminding the jury in detail of the cross examination of the complainant from his notebook.