CF v R.

CF v R.

Convictions for anal rape and incitement under s.8(1) of the Sexual Offences Act 2003 are unsafe because it cannot be established that the acts occurred after 1 May 2004. However, convictions for oral rape are safe as there was unequivocal evidence that such acts occurred after that date.

Parties
Appellant: CF; Respondent: The Queen
Jurisdiction
England and Wales
Judgment Date
25 April 2008
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Conviction and Sentence
Outcome
appeal allowed in part
Legal Topics
Sexual Offences, Indictment Defects, Unsafe Convictions, Specimen Counts, Statutory Interpretation
Criminal Law Sexual Offences Indictment Defects Unsafe Convictions Specimen Counts Statutory Interpretation

Case Brief

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Parties

CF

Appellant

The Queen

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Conviction and Sentence

Legal Issues

  1. 1 Whether convictions under the Sexual Offences Act 2003 are unsafe where the indictment period includes time before the Act came into force
  2. 2 Whether the evidence established that the acts constituting the offences occurred after 1 May 2004

Ratio Decidendi

Convictions for anal rape and incitement under s.8(1) of the Sexual Offences Act 2003 are unsafe because it cannot be established that the acts occurred after 1 May 2004. However, convictions for oral rape are safe as there was unequivocal evidence that such acts occurred after that date.

Court Disposition

appeal allowed in part

Orders

  • Convictions on all counts except counts 3 and 4 quashed
  • Convictions on counts 3 and 4 (oral rape) upheld