Source: All England Reporter
Publisher Citation: [2010] All ER (D) 93 (Jun)
Neutral Citation: [2010] EWCA Crim 1929
Court: Court of Appeal, Criminal Division
Judge:

Goldring LJ, Wilkie J and Judge Loraine-Smith (judgment delivered extempore)

Representation Alison Ginn (assigned by the Registrar of Criminal Appeals) for the defendant.
  Gregory Perrins (instructed by the Crown Prosecution Service) for the Crown.
Judgment Dates: 15 June 2010

Catchwords

Criminal Law - Trial - Summing up - Directions to the jury - Defendant having sexually explicit images of victim on mobile phone - Defendant charged with assault by penetration - Judge directing jury on consent - Defendant convicted and sentenced to two years' imprisonment - Whether judge erring - .

The Case

Criminal Law Trial. The Court of Appeal, Criminal Division, allowed the defendant's appeal against conviction for assault by penetration on the basis that the judge had erred in his summing up and in directing the jury on consent.

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