Sadeer, R v [2018] EWCA Crim 3000 (08 November 2018)

Sadeer, R v [2018] EWCA Crim 3000 (08 November 2018)

The evidence did not establish acts more than merely preparatory to the commission of oral rape, nor did it establish intent to proceed irrespective of consent; therefore, there was no case to answer on the attempted rape count.

Citation
[2018] EWCA Crim 3000
Parties
Respondent: Regina; Appellant: Mohammed Sadeer
Jurisdiction
England and Wales
Judgment Date
08 November 2018
Procedural Posture
Criminal Appeal / Appeal Against Conviction
Outcome
conviction quashed
Legal Topics
Attempted Rape, Amendment of Indictment, No Case to Answer, Sexual Offences
Criminal Law Attempted Rape Amendment of Indictment No Case to Answer Sexual Offences

Case Brief

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Parties

Regina

Respondent

Mohammed Sadeer

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Conviction

Legal Issues

  1. 1 Whether the acts alleged constituted an attempt to commit rape under section 1(1) Criminal Attempts Act 1981
  2. 2 Whether the amendment to add a count of attempted rape after the complainant's evidence was permissible

Ratio Decidendi

The evidence did not establish acts more than merely preparatory to the commission of oral rape, nor did it establish intent to proceed irrespective of consent; therefore, there was no case to answer on the attempted rape count.

Court Disposition

conviction quashed

Orders

  • Appeal against conviction on count 14 allowed
  • Conviction on count 14 quashed