CRIMINAL APPEAL ACT 1968

November 5, 2014

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

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