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Top Criminal Barrister QC and Leading Rape Defence Counsel

INCONSISTENT VERDICTS

November 18, 2015

Six convictions for making indecent images of children were inconsistent with not guilty verdicts reached on eight similar counts. Although the defendant had viewed the relevant images, that was true in respect of the counts on which he had been acquitted and there was clear evidence that when he saw indecent material, he deleted it.

CRIMINAL PROCEDURE INCONSISTENT VERDICTS INDECENT PHOTOGRAPHS OF CHILDREN

April 17, 2015

An appellant who had faced a number of counts relating to offences arising out of the same sexual encounter had failed to establish that his conviction on two of those counts was rendered unsafe by the jury’s failure to reach a verdict on the remaining counts.

ARTIFICIAL INSEMINATION CONVICTION ON SOME COUNTS CRIMINAL PROCEDURE FAILURE TO REACH VERDICT ON OTHERS INCONSISTENT VERDICTS NUMEROUS COUNTS RELATING TO SAME ENCOUNTER SEXUAL ASSAULT SPERM DONORS

February 19, 2015

A multiple-counts indictment under the Criminal Procedure Rules 2014 r.14.2(2), which allowed multiple instances of similar offences to be charged as a course of conduct, would not be properly drafted unless it specified a minimum number of occasions on which the offending was alleged to have happened. Otherwise, where a defendant was convicted on such an indictment, a sentencing judge could not know how many times the jury believed the offence to have been committed, and fairness would require him to sentence on the basis that it was more than once, but no more than twice.

COUNTS CRIME AND VICTIMS ACT 2004 s.17 CRIMINAL PROCEDURE CRIMINAL PROCEDURE RULES 2014 r.14.2(2) DOMESTIC VIOLENCE FRESH EVIDENCE INCONSISTENT VERDICTS INDICTMENTS MULTIPLE COUNTS REPRESENTING COURSE OF CONDUCT NEED FOR PROPER DRAFTING r.14.2 RAPE s.19 SENTENCE LENGTH SENTENCING SEXUAL ASSAULT

November 18, 2014

In a case involving allegations of historic child sexual abuse constituting a course of conduct, it was not possible to see how a jury had reached a guilty verdict in relation to one count, but not-guilty verdicts in relation to others. The verdicts were inconsistent, the judge had erred in giving a Watson direction, and the conviction was quashed.

CHILD SEX OFFENCES COURSE OF CONDUCT CRIMINAL PROCEDURE INCONSISTENT VERDICTS WATSON DIRECTIONS

May 14, 2014

Guilty verdicts on two sample counts of rape relating to a six-year period were logically inconsistent with acquittals on four specific counts of rape against the same victim. A reasonable jury could not, on the paucity of the stand-alone evidence concerning the sample counts, be sure of guilt in relation to them if they rejected the specific events.

CONSENT COUNTS CRIMINAL LAW CRIMINAL PROCEDURE INCONSISTENT VERDICTS JURIES PREVIOUS INCONSISTENT STATEMENTS RAPE

December 5, 2013

An offender’s conviction for assault by penetration of the vagina had not been inconsistent with his acquittal for offences of attempted rape and sexual assault by anal penetration. Nor could his conviction be overturned on the grounds that the judge had given the jury a Watson direction at the same time as a majority verdict direction, as there was no evidence that the jury had been pressured into delivering compromise verdicts.

ASSAULT BY PENETRATION CONVICTIONS CRIMINAL PROCEDURE INCONSISTENT VERDICTS JURY DIRECTIONS MAJORITY VERDICTS OFFENDER CHARGED WITH THREE COUNTS OF SEXUAL ASSAULT ON YOUNG WOMAN SAFETY OF CONVICTION SENTENCE LENGTH SENTENCING SEXUAL ASSAULT SEXUAL OFFENCES SEXUAL OFFENCES ACT 2003 s.2 WATSON DIRECTION GIVEN AT SAME TIME AS MAJORITY VERDICT DIRECTION WATSON DIRECTIONS WHETHER CONVICTION ON ONE COUNT INCONSISTENT WITH ACQUITTAL ON OTHER TWO COUNTS

November 19, 2013

It had not been logically inconsistent for a jury to find a man accused of sexual activity with a child guilty of having intercourse with her but not guilty of digitally penetrating her as they were separate incidents and the surrounding circumstances of the latter might have led the jury to be not sure beyond a reasonable doubt.

ALTERNATIVE VERDICTS CONSENT CRIMINAL LAW CRIMINAL PROCEDURE DEFENDANT GUILTY OF INTERCOURSE WITH CHILD INCONSISTENT VERDICTS INDICTMENTS NO INCONSISTENCY NOT GUILTY OF DIGITAL PENETRATION RAPE SEPARATE INCIDENTS SEXUAL ACTIVITY WITH CHILDREN

November 12, 2013

The acquittal of one of three men charged with multiple rapes of a woman over an evening had been explicable on the basis that he had joined the other two after the victim had ceased to show resistance. The judge had properly left the issue of reasonable belief in consent to the jury and had properly given a separate treatment direction.

CONSENT CRIMINAL EVIDENCE CRIMINAL JUSTICE ACT 1988 s.23 CRIMINAL PROCEDURE FRESH EVIDENCE INCONSISTENT VERDICTS LEAVING ISSUE OF REASONABLENESS OF BELIEF IN CONSENT TO JURY MULTIPLE RAPES OF ONE WOMAN BY THREE MEN OVER AN EVENING RAPE REASONABLE BELIEF WHETHER ACQUITTAL OF CO-DEFENDANT EXPLICABLE ON FACTS

October 8, 2012

A jury had not acted inconsistently in finding two young offenders guilty of oral rape but not guilty of sexual assault, even though the charges represented a sequence of events over the course of a 30-minute period and the central issue was consent. On the evidence, there was no logical inconsistency in the verdicts.

ACQUITTAL ON OTHER CHARGES OF ORAL RAPE AND SEXUAL ASSAULT ARISING OUT OF 30-MINUTE INCIDENT CONSENT CONVICTION ON ONE CRIMINAL PROCEDURE INCONSISTENT VERDICTS NORTHERN IRELAND RAPE SENTENCING STARTING POINT WHETHER VERDICTS LOGICALLY INCONSISTENT YOUNG OFFENDERS

November 1, 2011

Where a family member had been convicted of the indecent assault of two children of the family, notwithstanding inconsistencies and conflicts in the evidence of the complainants, the judge had been entitled to leave the matter to the jury. In her directions to the jury, the judge had dealt fairly and clearly with the issue of alleged collusion, contamination and cross-admissibility, and had given commonsense guidance when reminding the jury that it was dealing with the evidence of children: the conviction was not unsafe as a result of the judge’s comments.

ALLEGATIONS OF SEXUAL ABUSE FROM TWO CHILD MEMBERS OF SAME FAMILY CHILDREN COLLUSION CONTAMINATED EVIDENCE CREDIBILITY OF COMPLAINANTS CRIMINAL EVIDENCE CRIMINAL JUSTICE ACT 2003 s.107 CRIMINAL PROCEDURE INCONSISTENT VERDICTS INDECENT ASSAULT JURY DIRECTIONS s.101(1) s.107(5) s.112(2) UNSAFE CONVICTIONS

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"HISTORIC" OFFENCES ABUSE OF POSITION OF TRUST ADMISSIBILITY AGGRAVATING FEATURES ASSAULT BY PENETRATION ATTEMPTS BAD CHARACTER BUGGERY CAUSING CHILDREN TO ENGAGE IN SEXUAL ACTIVITY CHILDREN CHILD SEX OFFENCES CONSENT CREDIBILITY CRIMINAL EVIDENCE CRIMINAL LAW CRIMINAL PROCEDURE CROSS-EXAMINATION DANGEROUSNESS DELAY EXTENDED SENTENCES FRESH EVIDENCE GUILTY PLEAS HUMAN RIGHTS IMPRISONMENT FOR PUBLIC PROTECTION INCONSISTENT VERDICTS INDECENT ASSAULT INDECENT PHOTOGRAPHS OF CHILDREN JURY DIRECTIONS MINIMUM TERM PREVIOUS CONVICTIONS RAPE RAPE OF CHILD UNDER 13 RIGHT TO RESPECT FOR PRIVATE AND FAMILY LIFE SENTENCE LENGTH SENTENCING SENTENCING GUIDELINES SEXUAL ACTIVITY WITH CHILDREN SEXUAL ASSAULT SEXUAL ASSAULT OF CHILD UNDER 13 SEXUAL OFFENCES SEXUAL OFFENCES PREVENTION ORDERS SUMMING UP TOTALITY OF SENTENCE UNDUE LENIENCY YOUNG OFFENDERS