An individual had been incorrectly convicted of a historic offence of rape against a family member because, at the relevant time, anal penetration did not constitute that offence under the Sexual Offences Act 1956 s.1. It was appropriate to substitute an alternative conviction for indecent assault, as the facts fell within the scope of s.14(1) of the 1956 Act, and the test set out in R. v Graham (Hemamali Krishna) [1997] 1 Cr. App. R. 302 was satisfied.
“HISTORIC” OFFENCES ALTERNATIVE CHARGES CRIMINAL APPEAL ACT 1968 CRIMINAL PROCEDURE RAPE s.14 s.14(1) s.2 s.3 SENTENCING SEXUAL OFFENCES SEXUAL OFFENCES ACT 1956 s.1 SEXUAL OFFENCES ACT 2003 TOTALITY OF SENTENCE YOUNG OFFENDERS
In change of law cases it was not open to the Criminal Cases Review Commission lawfully to apply a policy that it was under no obligation to have regard to the practice of the Court of Appeal Criminal Division and accordingly just as the court would not normally extend time in such cases, a conviction should not normally be referred on the basis of a change of law.
ADDED COUNTS ALTERNATIVE CHARGES CHANGE OF LAW CASES COURT OF APPEAL CRIMINAL DIVISION CRIMINAL APPEALS CRIMINAL CASES REVIEW COMMISSION CRIMINAL LAW CRIMINAL PROCEDURE EXTENSIONS OF TIME INDECENT ASSAULT PERMISSION TO APPEAL POLICY IN CHANGE OF LAW CASES PRACTICE PRACTICE OF COURT OF APPEAL RAPE SEXUAL ACTIVITY WITH CHILDREN SUBSTANTIAL INJUSTICE TIME LIMITS UNLAWFUL SEXUAL INTERCOURSE
Please use the form below to make contact. Your email will be responded to promptly (we endeavour to respond to all email enquiries within one hour). Alternatively, you can call Stephen's firm, Twelve Tabulae Limited, on +44 (0) 203 846 5801.