Scully, R. v [2013] EWCA Crim 2288 (05 December 2013)

Scully, R. v [2013] EWCA Crim 2288 (05 December 2013)

The jury's conviction on count 2 was supported by the appellant's admission and independent evidence of assault, while acquittals on counts 1 and 3 could rationally be explained by insufficient evidence; the combined 'Watson' and majority direction did not create undue pressure on the jury; the sentence was justified by the gravity of the offence and the evidence.

Citation
[2013] EWCA Crim 2288
Parties
Respondent: Regina; Appellant: Mark Christopher Scully
Jurisdiction
England and Wales
Judgment Date
05 December 2013
Procedural Posture
Criminal Appeal / Appeal Against Conviction and Sentence From Crown Court
Outcome
Appeal against conviction dismissed; application for leave to appeal sentence refused.
Legal Topics
Sexual Offences, Appeals, Jury Directions, Sentencing
Criminal Law Sexual Offences Appeals Jury Directions Sentencing

Case Brief

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Parties

Regina

Respondent

Mark Christopher Scully

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Conviction and Sentence From Crown Court

Legal Issues

  1. 1 Whether the conviction on count 2 (assault by penetration) was logically inconsistent with acquittals on counts 1 and 3
  2. 2 Whether the judge's combined 'Watson' and majority direction rendered the verdict unsafe
  3. 3 Whether the sentence imposed was manifestly excessive

Ratio Decidendi

The jury's conviction on count 2 was supported by the appellant's admission and independent evidence of assault, while acquittals on counts 1 and 3 could rationally be explained by insufficient evidence; the combined 'Watson' and majority direction did not create undue pressure on the jury; the sentence was justified by the gravity of the offence and the evidence.

Court Disposition

Appeal against conviction dismissed; application for leave to appeal sentence refused.