R v Ricky Thompson

R v Ricky Thompson

The judge was wrong in law to withdraw counts 1 and 2 from the jury, as whether touching below the knee or above the knee could be sexual is a question for the jury, and the inconsistencies in A's evidence did not preclude a properly directed jury from convicting.

Parties
Applicant: Rex; Respondent: Ricky Thompson
Jurisdiction
England and Wales
Judgment Date
10 November 2024
Procedural Posture
Criminal Appeal / Prosecution Appeal Against Terminating Ruling
Outcome
prosecution appeal allowed
Legal Topics
Sexual Offences, Children, Submission of No Case to Answer, Appeals, Evidence Inconsistencies
Criminal Law Sexual Offences Children Submission of No Case to Answer Appeals Evidence Inconsistencies

Case Brief

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Parties

Rex

Applicant

Ricky Thompson

Respondent

Procedural Posture

Criminal Appeal / Prosecution Appeal Against Terminating Ruling

Legal Issues

  1. 1 Whether touching below the knee can amount to sexual assault under section 7 of the Sexual Offences Act 2003
  2. 2 Whether inconsistencies in complainant's evidence justify withdrawal of counts from jury
  3. 3 Proper application of R v Galbraith test for no case to answer

Ratio Decidendi

The judge was wrong in law to withdraw counts 1 and 2 from the jury, as whether touching below the knee or above the knee could be sexual is a question for the jury, and the inconsistencies in A's evidence did not preclude a properly directed jury from convicting.

Court Disposition

prosecution appeal allowed

Orders

  • resumption of trial in Crown Court on counts 1 and 2