Pacurar, R. v [2016] EWCA Crim 569 (13 April 2016)

The prosecution is not required to specify the precise sexual offence intended under section 63(1) Sexual Offences Act 2003 if the evidence does not permit it, provided the defendant is given sufficient particulars to ensure a fair trial. The judge's directions and the particulars provided were adequate, and the conviction is safe.

Citation: [2016] EWCA Crim 569
Parties: Respondent: Regina; Appellant: Adrian Pacurar
Jurisdiction: England and Wales
Judgment Date: 13 April 2016
Procedural Posture: Criminal Appeal / Court of Appeal Judgment on Conviction Appeal
Outcome: appeal dismissed
Legal Topics: Sexual Offences, Trespass With Intent, Particularity of Indictment, Jury Directions, Mens Rea, Automatism, Expert Evidence, Good Character Directions

Criminal Law Sexual Offences Trespass With Intent Particularity of Indictment Jury Directions Mens Rea Automatism Expert Evidence +1 more

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Parties

Regina

Respondent

Adrian Pacurar

Appellant

Procedural Posture

Criminal Appeal / Court of Appeal Judgment on Conviction Appeal

Legal Issues

1 Whether the prosecution must specify the intended sexual offence in a charge under section 63(1) Sexual Offences Act 2003
2 Whether the judge's directions to the jury were adequate regarding intent and particulars
3 Whether there was sufficient evidence of intent to commit a sexual offence and trespass

Ratio Decidendi

Court Disposition

appeal dismissed