A conviction for sexual offences against a child was safe, as medical evidence adduced as fresh had not permitted confident review of a previous diagnosis so as to describe it as ill-founded; taken at its highest it neither supported nor refuted the allegations against the offender. The defence was still that any abuse was perpetrated by another and the jury had decided on the non-medical evidence.
CHILDREN CONVICTION FOR SEXUAL OFFENCES AGAINST CHILD CRIMINAL EVIDENCE CRIMINAL LAW EFFECT OF FRESH MEDICAL EVIDENCE FRESH EVIDENCE GROSS INDECENCY INDECENT ASSAULT MEDICAL EVIDENCE RAPE
An offender who had been incorrectly convicted of indecent assault instead of gross indecency with a child had his appeal against conviction allowed and his sentence reduced to six years’ imprisonment.
CHILDREN CONSENSUAL SEXUAL CONTACT BETWEEN MUSIC TEACHER AND 15-YEAR-OLD PUPIL CONVICTIONS CRIMINAL LAW GROSS INDECENCY INDECENCY WITH CHILDREN ACT 1960 s.1 INDECENT ASSAULT OFFENCE NOT INDECENT ASSAULT BUT GROSS INDECENCY WITH CHILD s.1(1) s.14 SEXUAL OFFENCES ACT 1956 s.14(1)
A judge had correctly directed a jury on the issue of doli incapax that they could look at the circumstances surrounding historic sex offences to assist them in their assessment of whether a 13-year-old boy had been aware that his acts were seriously wrong.
“HISTORIC” OFFENCES BUGGERY CRIMINAL JUSTICE (NORTHERN IRELAND) ORDER 1998 art.3 CRIMINAL LAW CRIMINAL PROCEDURE DOLI INCAPAX GROSS INDECENCY HISTORIC SEX OFFENCES INDECENT ASSAULT JURY DIRECTIONS NORTHERN IRELAND SURROUNDING CIRCUMSTANCES AS EVIDENCE OF OFFENDER’S GUILTY KNOWLEDGE
A sentence of 14 years’ imprisonment was appropriate in the case of a 63-year-old man who had been convicted of numerous sexual offences against three teenage boys.
BUGGERY CHILD SEX OFFENCES CHILDREN GROSS INDECENCY INDECENT ASSAULT SENTENCE LENGTH SENTENCING SEXUAL ABUSE OF THREE TEENAGE BOYS OVER PROLONGED PERIOD
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ASSAULT INDICTMENT DID NOT EXPRESSLY OR IMPLIEDLY INCLUDE ALLEGATION OF OFFENCE UNDER NEW ACT INDICTMENT REFERRING TO REPEALED ACT INDICTMENTS JURY DIRECTIONS s.41 s.41(2) s.41(3) s.41(4) SEXUAL BEHAVIOUR SEXUAL OFFENCES ACT 1956 s.14(1) SEXUAL OFFENCES ACT 2003 s.9 SUBSTITUTION OF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)
The application for an extension of time for leave to appeal an extended licence period of five years for sex offences was refused, as subsequent case law did not apply retrospectively.
CRIMINAL PROCEDURE EXTENDED LICENCE PERIODS EXTENDED SENTENCES EXTENSION OF TIME GROSS INDECENCY INDECENT ASSAULT LEAVE TO APPEAL MANIFESTLY EXCESSIVE RETROSPECTIVE EFFECT SENTENCING
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