Ferriter, R. v

Ferriter, R. v

There was insufficient evidence to support intent to commit rape as opposed to a lesser sexual offence, but ample evidence of intent to commit sexual assault and actions beyond mere preparation. The conviction for attempted rape is unsafe and is substituted with a conviction for sexual assault.

Parties
Appellant: Maurice Ferriter; Respondent: Regina (The Crown)
Jurisdiction
England and Wales
Judgment Date
03 October 2012
Procedural Posture
Criminal Appeal / Judgment on Appeal
Outcome
conviction for attempted rape quashed; conviction for sexual assault substituted; sentence imposed
Legal Topics
Attempted Rape, Sexual Assault, Appeal Against Conviction, Evidence Sufficiency
Criminal Law Attempted Rape Sexual Assault Appeal Against Conviction Evidence Sufficiency

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 4 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Maurice Ferriter

Appellant

Regina (The Crown)

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether there was sufficient evidence of intent to commit rape as opposed to a lesser sexual offence
  2. 2 Whether the defendant's actions went beyond mere preparation for the offence

Ratio Decidendi

There was insufficient evidence to support intent to commit rape as opposed to a lesser sexual offence, but ample evidence of intent to commit sexual assault and actions beyond mere preparation. The conviction for attempted rape is unsafe and is substituted with a conviction for sexual assault.

Court Disposition

conviction for attempted rape quashed; conviction for sexual assault substituted; sentence imposed

Orders

  • Conviction for attempted rape quashed
  • Conviction for sexual assault substituted