What is the test applied by the courts to review a sexual assault conviction under the Sexual Offences against Children Act?
California, United States of America
The following excerpt is from People v. Hughes, 32 Cal.App.4th 1745, 39 Cal.Rptr.2d 653 (Cal. App. 1995):
"The test to be applied by the trial court under the section is ... the same test applied by an appellate court in reviewing a conviction: whether from the evidence, including reasonable inferences to be drawn therefrom, there is any substantial evidence of the existence of each element of the offense charged [citations]." (People v. Valerio (1970) 13 Cal.App.3d 912, 919, 92 Cal.Rptr. 82.)
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the difference between a sexual assault conviction and a conviction for sexual assault? (California, United States of America)
Can a defendant who has a history of criminal convictions for assault, assault and sexual assault receive a conditional discharge from the Court of Appeal? (California, United States of America)
In a sexual assault case, can defendant appeal against his convictions for sexual assault against two different victims? (California, United States of America)
In a motion for review of a conviction for assault and robbery, in what circumstances will the Court uphold the conviction of defendant as a result of insufficient evidence to support the judgment? (California, United States of America)
When will a court order a retrial of a conviction for sexual assault where the evidence was insufficient to support the conviction? (California, United States of America)
In a sexual assault case, how have the courts dealt with claims that the trial court abused its discretion in excluding evidence of the victim's other sexual conduct? (California, United States of America)
For the purposes of section 1108.2(1) of the California Criminal Code, is there any constitutional error in a trial court's decision to instruct the jury in a sexual assault case to consider the use of sexual assault evidence admitted under Section 1108? (California, United States of America)
What is the standard of review applied by the Court of Appeal in the context of sexual assault cases? (California, United States of America)
Is a criminal offence punishable by multiple convictions for multiple offences punishable by the same criminal offence against the same defendant concurrent with one criminal offence? (California, United States of America)
When will the Court of Appeal review the evidence to support a conviction for sexual assault? (California, United States of America)
