R v ACR

R v ACR

The judge's ruling to withdraw count 1 from the jury involved an error of law and principle, as the evidence was sufficient for a properly directed jury to infer the necessary element of sexual gratification linked to the presence of the child. The judge improperly assessed credibility and inference, which are matters for the jury.

Parties
Applicant: Rex; Respondent: ACR
Jurisdiction
England and Wales
Judgment Date
30 September 2025
Procedural Posture
Criminal Appeal / Application for Leave to Appeal and Judgment
Outcome
appeal allowed
Legal Topics
Sexual Offences, Reporting Restrictions, Procedure on Submission of No Case to Answer
Criminal Law Sexual Offences Reporting Restrictions Procedure on Submission of No Case to Answer

Case Brief

Summary, issues, holding and outcome

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Parties

Rex

Applicant

ACR

Respondent

Procedural Posture

Criminal Appeal / Application for Leave to Appeal and Judgment

Legal Issues

  1. 1 Whether the judge erred in withdrawing count 1 from the jury
  2. 2 Whether the prosecution had established the necessary element of sexual gratification linked to the presence of the child
  3. 3 Whether the judge's ruling was reasonable in all the circumstances

Ratio Decidendi

The judge's ruling to withdraw count 1 from the jury involved an error of law and principle, as the evidence was sufficient for a properly directed jury to infer the necessary element of sexual gratification linked to the presence of the child. The judge improperly assessed credibility and inference, which are matters for the jury.

Court Disposition

appeal allowed

Orders

  • Leave to appeal granted
  • Judge's ruling reversed