PF v R [2017] EWCA Crim 983 (20 July 2017)

PF v R [2017] EWCA Crim 983 (20 July 2017)

The jury was not properly directed to consider independent evidence, beyond the acts themselves, to rebut the presumption of doli incapax; therefore, the convictions are unsafe.

Source-derived case information.

Citation
[2017] EWCA Crim 983
Parties
Appellant: PF; Respondent: Regina
Jurisdiction
England and Wales
Judgment Date
20 July 2017
Procedural Posture
Criminal Appeal / Appeal Against Conviction
Outcome
Convictions quashed; appeal allowed.
Legal Topics
Sexual Offences, Doli Incapax, Jury Directions, Unsafe Conviction
Criminal Law Sexual Offences Doli Incapax Jury Directions Unsafe Conviction

Source-derived case record

Summary, issues, holding and outcome

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Parties

PF

Appellant

Regina

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Conviction

Legal Issues

  1. 1 Whether the jury was properly directed on the rebuttal of the presumption of doli incapax
  2. 2 Whether there was clear positive evidence independent of the act itself that the appellant knew his conduct was seriously wrong

Ratio Decidendi

The jury was not properly directed to consider independent evidence, beyond the acts themselves, to rebut the presumption of doli incapax; therefore, the convictions are unsafe.

Court Disposition

Convictions quashed; appeal allowed.

Orders

  • Convictions on counts 4 and 6 quashed