Source: All England Reporter
Publisher Citation: [2012] All ER (D) 44 (May)
Neutral Citation: [2012] EWCA Crim 791
Court: Court of Appeal, Criminal Division
Judge:

Rix LJ, Coulson and Haddon-Cave JJ
Representation Joss Ticehurst (instructed by Walters and Barbary Solicitors) for the defendant.
  Jonathan Barnes (instructed by the Crown Prosecution Service) for the Crown.
Judgment Dates: 25 April 2012

Catchwords

Criminal Law - Trial - Indecent assault - Gross indecency with child under age 16 - Judge - Direction to jury - Complainants alleging, inter alia, historic sexual abuse by defendant - Defendant being charged, inter alia, with indecent assault and gross indecency with child under age 16 (offences) - Defendant making application pre-trial for stay of certain counts on ground abuse of process - Judge ruling against application - Defendant being convicted, inter alia, of offences - Defendant appealing against conviction - Whether judge erring in refusing to stay indictment for abuse of process - Whether convictions for gross indecency with child under age 16 unlawful - Whether convictions safe.

The Case

Criminal Law Trial. The Court of Appeal, Criminal Division, in allowing in part the defendant's appeal against convictions for, inter alia, indecent assault, held that the judge had not been wrong to consider that the defendant would have been able to have a fair trial, but quashed the defendant's convictions for gross indecency with a child under the age of 16, on the basis that they had been unlawful.

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