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Top Criminal Barrister QC and Leading Rape Defence Counsel

s.1(2)

February 6, 2014

The court gave guidance regarding the assessment of a complainant’s mental capacity in a criminal trial when the alleged offences involved proof of a lack of consent.

ASSESSMENT OF COMPLAINANT’S MENTAL CAPACITY BURDEN OF PROOF CONSENT CRIMINAL EVIDENCE CRIMINAL LAW CRIMINAL PROCEDURE (INSANITY) ACT 1964 s.4A EXPERT WITNESSES MENTAL CAPACITY MENTAL CAPACITY ACT 2005 s.2 MENTAL HEALTH PERSONS LACKING CAPACITY s.1 s.1(2) s.2(1) s.2(4) s.30 s.30(2)(a) s.31 s.31(2)(a) s.32 s.32(2)(a) s.33 s.33(2)(a) s.4 s.4(5) s.42 s.44 s.74 s.75 s.76 SEXUAL ASSAULT SEXUAL OFFENCES SEXUAL OFFENCES ACT 2003 s.3 SEXUAL OFFENCES INVOLVING PROOF OF LACK OF CONSENT STANDARD OF PROOF

April 4, 2008

Offences committed by a young offender contrary to the Sexual Offences Act 2003 s.13 were not serious specified offences for the purposes of the Criminal Justice Act 2003.

ASSESSMENT OF DANGEROUSNESS CRIMINAL JUSTICE ACT 2003 s.226 DANGEROUSNESS EXTENDED SENTENCES IMPRISONMENT FOR PUBLIC PROTECTION OFFENCES COMMITTED BY YOUTH NOT AMOUNTING TO SERIOUS SPECIFIED OFFENCES s.1(1) s.1(2) s.11(1) s.12(1) s.13 s.13(1) s.13(2)(b) s.224 s.224(2) s.226(3) s.7(2) Sch.15 SENTENCING SERIOUS SPECIFIED OFFENCES SEXUAL OFFENCES SEXUAL OFFENCES ACT 2003 s.7(1) YOUNG OFFENDERS

October 31, 2006

A community sentence was not unduly lenient where the offender had pleaded of guilty to an offence of assault by penetration contrary to the Sexual Offences Act 2003 s.2(1) on the basis that he was mistaken as to the identity of the victim, believing her to be somebody else, who would have consented to his advances.

ASSAULT BY PENETRATION MISTAKEN IDENTITY OFFENDER MISTAKING IDENTITY OF VICTIM s.1 s.1(1) s.1(2) s.3 s.3(1)(d) s.97 SENTENCING SEXUAL OFFENCES SEXUAL OFFENCES ACT 2003 s.2(1) SUPERVISION ORDERS UNDUE LENIENCY

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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