AWG, R. v [2025] EWCA Crim 564 (11 April 2025)

The judge's misdirection regarding the number of occasions for the specimen counts did not render the convictions unsafe because the complainant's evidence was not particularised to specific incidents, and the jury's verdicts were not undermined by the error. Sentencing, however, must proceed on the basis of one occasion per count.

Citation: [2025] EWCA Crim 564
Parties: Applicant: AWG; Respondent: Rex
Jurisdiction: England and Wales
Judgment Date: 11 April 2025
Procedural Posture: Criminal Appeal / Application for Leave to Appeal Conviction, Heard by Full Court
Outcome: Application for permission to appeal conviction refused
Legal Topics: Sexual Offences, Specimen Counts, Jury Directions, Appeals Against Conviction

Criminal Law Sexual Offences Specimen Counts Jury Directions Appeals Against Conviction

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Full judgment text Downloadable case file Legal principles 2 Authorities cited 5 Party arguments 2

Parties

AWG

Applicant

Rex

Respondent

Procedural Posture

Criminal Appeal / Application for Leave to Appeal Conviction, Heard by Full Court

Legal Issues

1 Whether misdirection by the trial judge regarding the required number of occasions for specimen counts rendered the convictions unsafe
2 Whether the jury's verdicts on specific and specimen counts were tainted by the misdirection

Ratio Decidendi

Court Disposition

Application for permission to appeal conviction refused

Orders

Application for permission to appeal is rejected
Case remitted to trial judge for sentencing on the basis of one occasion per count for counts 1 to 3