There was an anomaly in maxima between different offences of sexual assault and unlawful sexual intercourse. Citations: Ind Summary 24-Oct-1994, Times 13-Oct-1994 Statutes: Sexual Offences Act 1956 6 10 Jurisdiction: England and Wales Criminal Sentencing Updated: 25 October 2022; Ref: scu.86786
The defendant appealed a conviction for buggery of a complainant under the age of 16, saying that he had a genuine belief that the boy had been of age. Held: Buggery was not an absolute offence. The amendments to the 1956 Act did not signify that the age related offence should be one of strict … Continue reading Regina v Kumar: CACD 16 Dec 2004
Citations: [1997] EWHC Admin 1047 Links: Bailii Statutes: Sexual Offences Act 1956 14(1) Jurisdiction: England and Wales Crime Updated: 17 July 2022; Ref: scu.137992
Certification of point of law for an appeal to the House of Lords: ‘Whether it is an abuse of process for the Crown to prosecute a charge of indecent assault under Section 14(1) of the Sexual Offences Act 1956 in circumstances where the conduct upon which that charge is based is an act of unlawful … Continue reading Regina v Jones: CACD 16 Jan 2003
The appellant Khera’s father had obtained leave to settle in the UK. The appellant obtained leave to join him, but did not disclose that he had married. After his entry his wife in turn sought to join him. The appellant was detained as an illegal immigrant. Held: The term ‘illegal immigrant’ included anyone entering unlawfully. … Continue reading Khera v Secretary of State for The Home Department; Khawaja v Secretary of State for The Home Department: HL 10 Feb 1983
Offence of Conspiracy to corrupt public morals The defendant appealed against his convictions for conspiracy to corrupt public morals, and for living from the earnings of prostitution. He said that first was not an offence known to common law. After it became unlawful for a prostitute to ply her trade on the streets, the defendant … Continue reading Shaw v Director of Public Prosecutions: HL 4 May 1961
The defendant appealed against his conviction under the 1889 Act for making a corrupt gift to a local government officer. He said that the 1916 Act placed an unfair burden on him to prove that the gift was not corruptly given. Held: The appeal succeeded. Article 6.2 does not provide an absolute prohibition against the … Continue reading Webster v Regina: CACD 1 Dec 2010
Evidence allowed – Care Application after Abuse Children had made allegations of serious sexual abuse against their step-father. He was acquitted at trial, but the local authority went ahead with care proceedings. The parents appealed against a finding that a likely risk to the children had still been been found. Held: A care order could … Continue reading In re H and R (Minors) (Child Sexual Abuse: Standard of Proof): HL 14 Dec 1995
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Appeals were brought complaining as to the apparent reversal of the burden of proof in road traffic cases and in cases under the Terrorism Acts. Was a legal or an evidential burden placed on a defendant? Held: Lord Bingham of Cornhill said: ‘The overriding concern is that a trial should be fair, and the presumption … Continue reading Sheldrake v Director of Public Prosecutions; Attorney General’s Reference No 4 of 2002: HL 14 Oct 2004
In a prosecution for an offence of indecent assault on a girl under 16 under the section, it was necessary for the prosecution to prove the absence of a positive belief in the defendant’s mind that the victim was 16 or over. The legislation history showed an anomalous bringing together of different, and conflicting strands … Continue reading Regina v K: HL 25 Jul 2001
Tan and others were accused of keeping a disorderly house having advertised: ‘Humiliation enthusiast, my favourite past time is humiliating and disciplining mature male submissives, in strict bondage, lovely tan coloured mistress invites humble applicants, TV, CP, BD and rubber wear.’ Held: The court upheld convictions which were dependent on Gloria Greaves, a post-operative male … Continue reading Regina v Tan: CA 1983
The AG sought to have referred as lenient a community rehabilitation order with participation in a sex offender’s rehabilitation programme after a conviction for sexual assaults. Held: The offences had been committed in the 1950s and early 1970s, and the defendant was now 72. The sentencing court had been correct to take those factors into … Continue reading Attorney General’s Reference No 70 of 2008; Regina v W: CACD 21 Jan 2009
The defendant appealed conviction for indecent assault. The charge alleged assault by intercourse per vaginam with a 13 year old girl. He had been 14 years old at the time. The verdict indicated consent by the complainant. Held: The appeal failed. The 2003 Act was not retrospective. However: ‘to hold that the express intention of … Continue reading Timmins, Regina v: CACD 15 Nov 2005
The defendant was to have been accused of having unlawful sexual intercourse with a girl under 16. Proceedings could not be brought, because the allegation was more than a year old, and he was instead accused of indecent assault, but on the same facts. He appealed against his conviction, saying this was an abuse of … Continue reading Regina v J: HL 14 Oct 2004
The court accepted that the word `unlawfully’ in relation to carnal knowledge had in many early statutes not been used with any degree of precision, and he referred to a number of enactments making it a felony unlawfully and carnally to know any woman-child under the age of 10. ‘One would think that all intercourse … Continue reading Regina v Chapman: CCA 1958
The UK law which had the effect of prohibiting non-violent homosexual acts by groups of males, was a violation of the right to respect for his private life. The law went beyond that which might properly be required in a democratic society for the protection of morals or health or the rights and freedoms of … Continue reading ADT v United Kingdom: ECHR 4 Aug 2000
The appellant was detained under section 37 of the 1983 Act as a mental patient with a restriction under section 41. He sought his release. Held: The standard of proof in such applications remained the balance of probabilities, but that standard was flexible, and varied according to the seriousness of the allegation. The only misdirection … Continue reading AN, Regina (on the Application of) v Mental Health Review Tribunal (Northern Region) and others: CA 21 Dec 2005
The appellant, a boy aged 15, had been warned as to admitted indecent assaults on girls. He complained that it had not been explained to him that the result would be that his name would be placed on the sex offenders register. The Chief Constable appealed a decision that this was an interference in his … Continue reading R, Regina (on the Application of) v Durham Constabulary and Another: HL 17 Mar 2005
Police Data Retention Justifiable The appellants challenged the collection of data by the police, alleging that its retention interfered with their Article 8 rights. C complained of the retention of records of his lawful activities attending political demonstrations, and T complained of the retention of an harassment warning issued against him. The Commissioner now appealed … Continue reading Catt and T, Regina (on The Applications of) v Commissioner of Police of The Metropolis: SC 4 Mar 2015
The defendant appealed against convictions for rape and indecent assault under the 1956 Act. The allegations dated from 1985 to 1989 when the complainant had been between 9 and 13. The prosecution brought in a doctor who said that in 1993 D complained of sexual abuse by Z when she was a young girl. D … Continue reading Regina v Z: CACD 23 Jan 2009
The claimant challenged the Order as regards the prescription of the morning-after pill, asserting that the pill would cause miscarriages, and that therefore the use would be an offence under the 1861 Act. Held: ‘SPUC’s case is that any interference with a fertilised egg, if it leads to the loss of the egg, involves the … Continue reading Regina (Smeaton) v Secretary of State for Health and Others: Admn 18 Apr 2002
The defendant had been convicted of knowingly living on the earnings of prostitution contrary to section 30(1) of the Sexual Offences Act 1956. Held: The Commission rejected as manifestly ill-founded the applicant’s challenge to this provision as incompatible with article 6(2). It created a rebuttable presumption which the defendant could disprove, and was not a … Continue reading X v United Kingdom: ECHR 1972
Balance of probabilities remains standard of proof There had been cross allegations of abuse within the family, and concerns by the authorities for the children. The judge had been unable to decide whether the child had been shown to be ‘likely to suffer significant harm’ as a consequence. Having found some evidence to suggest that … Continue reading In re B (Children) (Care Proceedings: Standard of Proof) (CAFCASS intervening): HL 11 Jun 2008
The claimant challenged the right of police officers to take his photograph as he attended an annual general meeting of Reed Elsevier Plc. He was a campaigner against the arms trade, but had always acted lawfully. The company noted the purchase of single shares by membersof the group and alerted the police. The defendant decided … Continue reading Wood v Commissioner of Police for the Metropolis: Admn 22 May 2008
The defendant appealed against his sentence to eight years imprisonment on 8 counts of indecent assault. The offences occurred between 1977 and 1984. Held: Each of the victims was young and vulnerable and the assaults had had continuing effects on their lives. The aggravating features were: ‘There were four girls or young women involved; one … Continue reading Clifford, Regina v: CACD 7 Nov 2014
The defendant had been tried for indecent assaults. The complainant having died before the trial, the judge had ruled that her written statements were admissible. The defendant said he had not had a fair trial.
Held: The appeal failed. The . .