| Source: | All England Reporter |
| Publisher Citation: | [2012] All ER (D) 222 (May) |
| Court: | Court of Appeal, Criminal Division |
| Judge: | Moses LJ, Underhill J and Judge Inman QC (judgment delivered extempore) |
| Representation | Steven Evans (instructed by Carter Osborne Solicitors) for the defendant. |
| Stuart Alford (instructed by the Crown Prosecution Service) for the Crown. | |
| Judgment Dates: | 28 May 2012 |
Catchwords
Criminal Law - Appeal - Indecency with a child - Complainant being in care since young child - Complainant being friends with defendant's son and visiting defendant's home - Defendant masturbating complainant whilst lying on bed - Complainant continuing to visit defendant as having nowhere else to go - Similar offences occurring when complainant older - Complainant alerting police to offences only many years later - Two counts on indictment incorrectly alleging offence of indecency with a child at time when complainant no longer child - Defendant accordingly being charged with offences unknown to law - Defendant pleading guilty to three offences of indecency with a child - Defendant appealing against conviction - Whether conviction safe.
The Case
Criminal Law Appeal. The Court of Appeal, Criminal Division, in allowing an appeal against convictions for indecency with a child at a time when the complainant was no longer a child, held, inter alia, that two counts of indecent assault on a man would be substituted, pursuant to s3A of the Criminal Appeals Act 1968.
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