Source: All England Reporter
Publisher Citation: [2002] All ER (D) 89 (Aug)
Neutral Citation: [2002] EWCA Crim 2054
Court: Court of Appeal, Criminal Division
Judge:

Rose LJ, Colman and Stanley Burnton JJ

Representation Andrew Oldland (assigned by the Registrar of Criminal Appeals) for the defendant.
  Simon Laws (instructed by the Crown Prosecution Service) for the Crown.
Judgment Dates: 25 July 2002

Catchwords

Criminal law - Verdict - Inconsistent verdicts - Indecent assault - Defendant convicted on one count but acquitted on two counts of indecent assault alleged on single indictment - Whether verdicts inconsistent in circumstances.

The Case

In a case in which the conviction of a defendant depended on the jury accepting the evidence of the complainant and there were different counts alleging similar conduct, the fact that the jury acquitted on one or more counts did not of itself mean that the guilty verdict on one or more other counts was inconsistent with the acquittals. The defendant rather had to show that the verdicts were logically inconsistent and that the inconsistency was such as to demand interference by an appellate court.

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