||All England Reporter
|| All ER (D) 380 (Apr)
||Court of Appeal, Criminal Division
Hughes LJ, Underhill J and Sir Christopher Holland
||Jamie Hamilton (instructed by Pluck Andrews) for the defendant.
||Nicola Gatto (instructed by the Crown Prosecution Service) for the Crown.
||25 April 2008
Criminal law - Sexual offences - Rape - Inciting a child under 13 to engage in sexual activity - Indictment containing date of commission of offences before commencement of Act under which offences charged - Whether defect in indictment rendering conviction unsafe - .
The defendant's appeal against conviction of sexual offences would be allowed on the ground of a defective indictment which specified the start-date of offences as being before the coming into force of the on 1 May 2004. The counts on which the defendant had been convicted specified particular acts of abuse and it was not open to the court to hold that any particular conviction was safe unless conduct of that particular kind could be unequivocally attributed to the period after 1 May 2004. The evidence clearly admitted the possibility that some of the offences had taken place at some point in the period between December 2003 and the end of April 2004. It followed that the conviction on those counts would be quashed.
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