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 Parliament in 1967 as to alternative verdicts should be thwarted by an express intention of Parliament in 1956 concerning the commencement of proceedings for a different offence than the one the subject of the alternative verdict would be quite wrong . . . the learned trial judge was right to rule as he did. Neither the speeches in J nor the words of Schedule 10 compel a conclusion that he was not. ‘
Judges:
Keene LJ, Hallett J, Calvert-Smith J
Citations:
Times 29-Nov-2005, [2005] EWCA Crim 2909
Links:
Statutes:
Sexual Offences Act 1956 14(1), Sexual Offences Act 2003
Jurisdiction:
England and Wales
Citing:
Cited – Regina v Hinton CACD 1995
The defendant had pleaded guilty to indecent assault on his 15 year old stepdaughter. The reason for the charge being under section 14 was that the time limit for prosecution under section 6 had expired. The sentence exceeded the maximum for the . .
Cited – Regina v McCormack CACD 1969
The defendant was charged with unlawful sexual intercourse and it was held to have been correct to leave to the jury as an alternative verdict a verdict of indecent assault. It was held as ‘plain beyond argument’ that if a man inserted his finger . .
Cited – Regina v Hodgson CACD 1973
An alternative verdict of indecent assault is available on a charge of rape. . .
Cited – Regina v Figg CACD 2003
The defendant had been convicted of indecent assault on facts which would have led to his prosecution for unlawful sexual intercourse if the time limit for that offence had not expired. The court considered the proper basis for sentence. . .
Cited – Regina v J HL 14-Oct-2004
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 . .
Cited – Regina v Cotton 1896
The Act provided that on a trial for rape the jury, if not satisfied that the defendant was guilty of rape but satisfied that he was guilty of having intercourse with a girl aged between 13 and 16, contrary to section 5(1) of the Act, might convict . .
Lists of cited by and citing cases may be incomplete.
Crime
Updated: 04 July 2022; Ref: scu.234964