A conviction for possessing false identity documents was quashed where the offence had erroneously been charged under the Identity Cards Act 2006 s.25(1)(a) instead of the Identity Documents Act 2010 and the Crown conceded that the Criminal Appeal Act 1968 could not be used to substitute an alternative offence.
CRIMINAL APPEAL ACT 1968 s.3 CRIMINAL CHARGES CRIMINAL PROCEDURE IDENTITY CARDS ACT 2006 s.25(1)(a) IDENTITY DOCUMENTS ACT 2010 s.4 LEGISLATION MISTAKE POSSESSION OF FALSE IDENTITY DOCUMENTS REPEALS s.25(1) s.6 SEXUAL OFFENCES ACT 1956
A conviction for rape was unsafe and a conviction for sexual assault was substituted, where there was an absence of any evidence or activity capable of justifying the conclusion which pointed to an intent to commit the specific offence of rape. There was ample evidence of an intent to commit a serious sexual assault and there was no doubt that the offender’s actions had gone well beyond mere preparation.
ATTEMPTS COUNTS OF ATTEMPTED RAPE AND SEXUAL ASSAULT CRIMINAL APPEAL ACT 1968 s.3 CRIMINAL EVIDENCE INTENTION JURY DIRECTIONS RAPE SEXUAL ASSAULT STRUGGLE WITH BARMAID ALONE IN BAR WHEN IN DRINK SUBMISSION OF INSUFFICIENT EVIDENCE OF ANYTHING MORE THAN PREPARATORY ACT
A conviction under the Sexual Offences Act 2003 s.9 could not be substituted for a conviction under the Sexual Offences Act 1956 s.14(1), as the indictment based on the 1956 Act could not be said to expressly or impliedly include an allegation of an offence under s.9 of the 2003 Act.
ALTERNATIVE OFFENCES CHILD SEX OFFENCES CRIMINAL APPEAL ACT 1968 s.3 CRIMINAL EVIDENCE CRIMINAL PROCEDURE CROSS-EXAMINATION DEFECTS GROSS INDECENCY INDECENT ASSAULT INDICTMENT DID NOT EXPRESSLY OR IMPLIEDLY INCLUDE ALLEGATION OF OFFENCE UNDER NEW ACT INDICTMENT REFERRING TO REPEALED ACT INDICTMENTS JURY DIRECTIONS s.41 s.41(2) s.41(3) s.41(4) SEXUAL BEHAVIOUR SEXUAL OFFENCES ACT 1956 s.14(1) SEXUAL OFFENCES ACT 2003 s.9 SUBSTITUTION OF CONVICTION UNDER NEW ACT YOUTH JUSTICE AND CRIMINAL EVIDENCE ACT 1999 s.41(1)
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