Hedgcock & Ors, R v

Hedgcock & Ors, R v

The internet conversations, even taken at their highest, were as consistent with sexual fantasy as with real conspiracies to rape. There was no extraneous evidence to support the inference that the agreements were intended to be carried out. Therefore, no reasonable jury could exclude the fantasy explanation beyond reasonable doubt, and the judge should have upheld the submission of no case to answer.

Parties
Prosecution: Regina; Appellant: Alan Peter Ronald Hedgcock; Appellant: David Charles James Dyer; Appellant: Robert Mayers
Jurisdiction
England and Wales
Judgment Date
26 November 2007
Procedural Posture
Criminal Appeal / Appeal Against Conviction and Sentence
Outcome
Appeals against conviction allowed; convictions on conspiracy counts quashed; sentences on those counts set aside; sentences on other counts and notification orders to stand.
Legal Topics
Conspiracy, Rape, Sexual Offences, Evidence, Appeals
Criminal Law Conspiracy Rape Sexual Offences Evidence Appeals

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 4 Party arguments 2 Amounts and remedies 6
Sign in to unlock

Parties

Regina

Prosecution

Alan Peter Ronald Hedgcock

Appellant

David Charles James Dyer

Appellant

Robert Mayers

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Conviction and Sentence

Legal Issues

  1. 1 Whether the trial judge erred in rejecting the submission of no case to answer on conspiracy to rape charges
  2. 2 Whether the evidence was sufficient to prove intent to carry out the conspiracies beyond reasonable doubt

Ratio Decidendi

The internet conversations, even taken at their highest, were as consistent with sexual fantasy as with real conspiracies to rape. There was no extraneous evidence to support the inference that the agreements were intended to be carried out. Therefore, no reasonable jury could exclude the fantasy explanation beyond reasonable doubt, and the judge should have upheld the submission of no case to answer.

Court Disposition

Appeals against conviction allowed; convictions on conspiracy counts quashed; sentences on those counts set aside; sentences on other counts and notification orders to stand.

Orders

  • Convictions on counts 1 and 3 quashed
  • Sentences on conspiracy counts set aside