PS, R. v [2013] EWCA Crim 992 (28 June 2013)

PS, R. v [2013] EWCA Crim 992 (28 June 2013)

The judge's directions, while not ideally structured, contained all essential elements required to address the impact of delay on the fairness of the trial. The focus on identity as the main issue was justified by the way the defence was conducted. The conviction was safe. The sentence was reduced from 7 to 6 years as the overall length was found to be somewhat excessive given the age of the offences and the appellant's subsequent conduct, but the imposition of protective orders was upheld.

Citation
[2013] EWCA Crim 992
Parties
Prosecution: Regina; Defendant: PS
Jurisdiction
England and Wales
Judgment Date
28 June 2013
Procedural Posture
Criminal Appeal / Court of Appeal Judgment on Conviction and Sentence
Outcome
Appeal against conviction dismissed; appeal against sentence allowed in part
Legal Topics
Sexual Offences, Indecent Assault, Delay in Reporting Offences, Jury Directions, Appeal Against Conviction, Appeal Against Sentence
Criminal Law Sexual Offences Indecent Assault Delay in Reporting Offences Jury Directions Appeal Against Conviction Appeal Against Sentence

Case Brief

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Parties

Regina

Prosecution

PS

Defendant

Procedural Posture

Criminal Appeal / Court of Appeal Judgment on Conviction and Sentence

Legal Issues

  1. 1 Whether the trial judge gave adequate directions to the jury regarding the effect of a 34-year delay in reporting the offences
  2. 2 Whether the judge erred in narrowing the issue to identity alone
  3. 3 Whether the directions on delay were sufficient to ensure a fair trial

Ratio Decidendi

The judge's directions, while not ideally structured, contained all essential elements required to address the impact of delay on the fairness of the trial. The focus on identity as the main issue was justified by the way the defence was conducted. The conviction was safe. The sentence was reduced from 7 to 6 years as the overall length was found to be somewhat excessive given the age of the offences and the appellant's subsequent conduct, but the imposition of protective orders was upheld.

Court Disposition

Appeal against conviction dismissed; appeal against sentence allowed in part

Orders

  • Conviction upheld on all counts
  • Sentence reduced from 7 years to 6 years imprisonment