Although a judge had, without hearing submissions, given a Watson direction which deviated from the approved wording, the direction did not render a conviction for rape unsafe. Whether and when to give a direction was a matter for the judge’s discretion, provided that it was given in a way which did not put pressure on jurors.
CRIMINAL PROCEDURE DIRECTION DEVIATING FROM APPROVED WORDING EFFECT ON RAPE CONVICTION JURY DIRECTIONS RAPE WATSON DIRECTIONS
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
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
Inconsistent jury verdicts on one count of vaginal rape and one count of oral rape, arising out of same incident and given following a direction sanctioned by R. v Watson (Darren Antonio) [1988] Q.B. 690, were an unacceptable compromise and consequently unsafe.
CRIMINAL PROCEDURE INCONSISTENT VERDICTS INCONSISTENT VERDICTS ON SEPARATE COUNTS OF RAPE ARISING OUT OF SAME INCIDENT JURY DIRECTIONS MAJORITY VERDICTS RAPE SAFETY OF CONVICTION SEXUAL OFFENCES UNSAFE CONVICTIONS WATSON DIRECTION WATSON DIRECTIONS
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