Timmins, R v

Timmins, R v

The statutory time limit for prosecution under section 6 Sexual Offences Act 1956 does not bar a conviction for indecent assault as an alternative verdict to rape, as proceedings were commenced for rape, not for the time-barred lesser offence. The trial judge was correct to leave the alternative verdict to the jury.

Parties
Prosecution: Regina; Appellant: Mark Timmins
Jurisdiction
England and Wales
Judgment Date
15 November 2005
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Conviction
Outcome
appeal dismissed
Legal Topics
Sexual Offences, Indecent Assault, Rape, Statutory Time Limits, Alternative Verdicts
Criminal Law Sexual Offences Indecent Assault Rape Statutory Time Limits Alternative Verdicts

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Parties

Regina

Prosecution

Mark Timmins

Appellant

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Conviction

Legal Issues

  1. 1 Whether a conviction for indecent assault as an alternative verdict to rape is barred by the statutory time limit under section 6 Sexual Offences Act 1956
  2. 2 Whether the decision in R v J (2005) prohibits alternative verdicts of indecent assault when the facts support a time-barred section 6 offence

Ratio Decidendi

The statutory time limit for prosecution under section 6 Sexual Offences Act 1956 does not bar a conviction for indecent assault as an alternative verdict to rape, as proceedings were commenced for rape, not for the time-barred lesser offence. The trial judge was correct to leave the alternative verdict to the jury.

Court Disposition

appeal dismissed