Source: All England Reporter
Publisher Citation: [2010] All ER (D) 300 (Nov)
Neutral Citation: [2010] EWCA Crim 2741
Court: Court of Appeal, Criminal Division
Judge:

Richards LJ, Griffith Williams J and Judge Rook QC
Representation Andrew Edis QC (instructed by the Registrar of Criminal Appeals) for the defendant.
  Maurice Greene (instructed by the Crown Prosecution Service) for the Crown.
Judgment Dates: 29 November 2010

Catchwords

Criminal law - Trial - Submission of no case to answer - Indecent assault - Incest - Defendant accused of sexually abusing daughters - Defendant alleging collusion between complainants - Inconsistent statements - Judge rejecting submission of no case to answer - Whether judge erring - Whether judge giving adequate directions to jury - Whether conviction unsafe.

The Case

Criminal law Trial. The Court of Appeal, Criminal Division, held in dismissing the defendant's appeal against conviction of indecent assault and incest against his two daughters, that notwithstanding that the judge's summing up was open to criticism, he had given adequate directions to the jury and the safety of the convictions was not threatened. The judge had been entitled to reject a submission of no case to answer. Sentences of 3 years' imprisonment on two counts of indecent assault were unlawful and would be quashed and substituted by the maximum sentence for those offences, 2 years' imprisonment, on each count, to run concurrently.

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