CF v R. [2008] EWCA Crim 994 (25 April 2008)

CF v R. [2008] EWCA Crim 994 (25 April 2008)

Convictions for anal rape and incitement under s.8(1) are unsafe because it cannot be established that the specific acts occurred after 1 May 2004. Convictions for oral rape are safe as there is unequivocal evidence that such acts occurred after that date.

Source-derived case information.

Citation
[2008] EWCA Crim 994
Parties
Appellant: CF; Respondent: The Queen
Jurisdiction
England and Wales
Judgment Date
25 April 2008
Procedural Posture
Criminal Appeal / Appeal Against Conviction and Sentence
Outcome
Appeal allowed in part; convictions on all counts except counts 3 and 4 quashed.
Legal Topics
Sexual Offences, Indictment Defects, Specimen Counts, Retrospective Application of Law
Criminal Law Sexual Offences Indictment Defects Specimen Counts Retrospective Application of Law

Source-derived case record

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Parties

CF

Appellant

The Queen

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Conviction and Sentence

Legal Issues

  1. 1 Whether convictions under the Sexual Offences Act 2003 are safe when the indictment period includes time before the Act came into force
  2. 2 Whether specific acts constituting the offences can be attributed to the period after 1 May 2004

Ratio Decidendi

Convictions for anal rape and incitement under s.8(1) are unsafe because it cannot be established that the specific acts occurred after 1 May 2004. Convictions for oral rape are safe as there is unequivocal evidence that such acts occurred after that date.

Court Disposition

Appeal allowed in part; convictions on all counts except counts 3 and 4 quashed.

Orders

  • Convictions on counts 1, 2, 6, and 7 quashed.
  • Convictions on counts 3 and 4 (oral rape) upheld.