BDZ v R (Indictment misstating age of child victim of sexual offences)

BDZ v R (Indictment misstating age of child victim of sexual offences)

The error in framing counts 6-11 regarding the victim's age did not render the convictions unsafe because the age was not a material averment for those counts, and no relevant issue was withdrawn from the jury. The real issue was whether the offences occurred, not when. The convictions are safe.

Parties
Appellant: BDZ; Respondent: The King
Jurisdiction
England and Wales
Judgment Date
24 February 2026
Procedural Posture
Criminal Appeal / Judgment on Application for Leave to Appeal Against Conviction and Sentence
Outcome
Appeal dismissed; leave to appeal against sentence refused.
Legal Topics
Sexual Offences, Indictment Errors, Appeal Procedure, Consent in Sexual Offences
Criminal Law Sexual Offences Indictment Errors Appeal Procedure Consent in Sexual Offences

Case Brief

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Parties

BDZ

Appellant

The King

Respondent

Procedural Posture

Criminal Appeal / Judgment on Application for Leave to Appeal Against Conviction and Sentence

Legal Issues

  1. 1 Whether convictions on counts 6-11 are unsafe due to indictment misstating the victim's age
  2. 2 Whether prejudice from counts 6-11 renders convictions on counts 1-5 unsafe
  3. 3 Whether sentence is manifestly excessive if convictions are upheld

Ratio Decidendi

The error in framing counts 6-11 regarding the victim's age did not render the convictions unsafe because the age was not a material averment for those counts, and no relevant issue was withdrawn from the jury. The real issue was whether the offences occurred, not when. The convictions are safe.

Court Disposition

Appeal dismissed; leave to appeal against sentence refused.

Orders

  • Leave to appeal against conviction and sentence refused.
  • Extension of time granted for consideration, but no separate order required.