It had not been an abuse of process to prosecute an elderly man for an historic offence of sexual assault which had been committed against a seven-year-old family member. The 23-year delay between the offence and trial did not of itself justify a stay of prosecution, and the judge had been entitled to determine that […]
A jury’s findings on a trial of the facts that a defendant with severe learning difficulties who was unfit to plead had committed two offences of rape were safe, notwithstanding the fact that an extract of the defendant’s police interview had been wrongly admitted as evidence.
In determining under the Criminal Procedure (Insanity) Act 1964 s.4A(2) whether a defendant, who was unfit to stand trial, was guilty of voyeurism the jury had to be satisfied that he had deliberately observed another person doing a private act for the purpose of his own sexual gratification.
Where an accused convicted of indecent assault of a man had mistakenly been charged under the Sexual Offences Act 1956 s.14(1) instead of s.15(1) and had been found unfit to stand trial under the Criminal Procedure (Insanity) Act 1964 s.4A, the conviction was unsafe. Section 4A clearly stated that the jury had to be satisfied […]
