Sadeer, R v

Sadeer, R v

The acts alleged did not amount to attempted rape as they were only preparatory and did not demonstrate intent to proceed irrespective of lack of consent; the submission of 'no case to answer' should have been upheld.

Parties
Respondent: Regina; Appellant: Mohammed Sadeer
Jurisdiction
England and Wales
Judgment Date
08 November 2018
Procedural Posture
Criminal Appeal / Judgment on Appeal
Outcome
appeal allowed
Legal Topics
Attempted Rape, Sexual Offences, Amendment of Indictment, No Case to Answer
Criminal Law Attempted Rape Sexual Offences Amendment of Indictment No Case to Answer

Case Brief

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Parties

Regina

Respondent

Mohammed Sadeer

Appellant

Procedural Posture

Criminal Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the acts alleged constituted attempted rape under the Criminal Attempts Act 1981
  2. 2 Whether the amendment to add count 14 was made too late

Ratio Decidendi

The acts alleged did not amount to attempted rape as they were only preparatory and did not demonstrate intent to proceed irrespective of lack of consent; the submission of 'no case to answer' should have been upheld.

Court Disposition

appeal allowed

Orders

  • conviction on count 14 quashed