||All England Reporter
|| All ER (D) 195 (Nov)
|| EWCA Crim 2909
||Court of Appeal, Criminal Division
Keene LJ, Hallett and Calvert-Smith JJ
||Gregory Hoare (assigned by the Registrar of Criminal Appeals) for the defendant.
||Paul Evans (instructed by the Crown Prosecution Service) for the Crown.
||15 November 2005
Criminal law - Verdict - Alternative offence - Rape - Indecent assault - Whether judge leaving indecent assault to jury as alternative offence amounting to commencement of proceedings - Whether Parliament intended to prevent conviction for conduct amounting to time-barred offence where proceedings commenced for more serious offence not subject to limitation period - , ss 6, 14, Sch 2, Para 10(a).
The wording of Para10 of Sch2 of the was not such as to give rise to the conclusion that Parliament intended to prevent the conviction under any circumstances of an offender for conduct which amounted to an offence of unlawful sexual intercourse where proceedings were commenced for a more serious offence which was not subject to the limitation period.
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