BLV, R. v [2025] EWCA Crim 257 (13 March 2025)

BLV, R. v [2025] EWCA Crim 257 (13 March 2025)

The convictions on counts 3, 4, and 6 are unsafe because the jury was not properly directed to consider the ambiguity in the evidence regarding the complainant's age, a necessary element of the offences. The error was specific to those counts and did not affect the safety of the remaining convictions.

Citation
[2025] EWCA Crim 257
Parties
Appellant: BLV; Respondent: REX
Jurisdiction
England and Wales
Judgment Date
13 March 2025
Procedural Posture
Criminal Appeal / Appeal Against Conviction and Sentence
Outcome
Appeal allowed in part; convictions on counts 3, 4, and 6 quashed; remaining convictions undisturbed; sentence reduced.
Legal Topics
Sexual Offences, Appeals, Unsafe Convictions, Directions to Jury, Retrial
Criminal Law Sexual Offences Appeals Unsafe Convictions Directions to Jury Retrial

Case Brief

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Parties

BLV

Appellant

REX

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Conviction and Sentence

Legal Issues

  1. 1 Whether convictions on counts 3, 4, and 6 were unsafe due to insufficient evidence of complainant's age under 13 at the time of the offences
  2. 2 Whether unsafe convictions on some counts tainted the safety of convictions on other counts

Ratio Decidendi

The convictions on counts 3, 4, and 6 are unsafe because the jury was not properly directed to consider the ambiguity in the evidence regarding the complainant's age, a necessary element of the offences. The error was specific to those counts and did not affect the safety of the remaining convictions.

Court Disposition

Appeal allowed in part; convictions on counts 3, 4, and 6 quashed; remaining convictions undisturbed; sentence reduced.

Orders

  • Extension of time to appeal granted
  • Leave to appeal on ground 1 granted