Clarke v R [2012] EWCA Crim 9 (20 January 2012)

Clarke v R [2012] EWCA Crim 9 (20 January 2012)

Conviction on count 4 quashed as charged under wrong statutory provision; previous convictions properly admitted as bad character evidence; summing up was fair; sentence reduced to reflect appellant's age at time of offence and current sentencing practices.

Source-derived case information.

Citation
[2012] EWCA Crim 9
Parties
Appellant: Robert Clarke; Respondent: Regina
Jurisdiction
England and Wales
Judgment Date
20 January 2012
Procedural Posture
Criminal Appeal / Appeal Against Conviction and Sentence
Outcome
Appeal against conviction dismissed except for count 4; appeal against sentence allowed.
Legal Topics
Aggravated Robbery, Rape, Indecent Assault, False Imprisonment, Incitement to Commit Indecent Assault, Bad Character Evidence, Sentencing Guidelines, Historic Offences
Criminal Law Aggravated Robbery Rape Indecent Assault False Imprisonment Incitement to Commit Indecent Assault Bad Character Evidence Sentencing Guidelines +1 more

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Summary, issues, holding and outcome

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Parties

Robert Clarke

Appellant

Regina

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Conviction and Sentence

Legal Issues

  1. 1 Whether conviction for indecent assault against a male under section 14 Sexual Offences Act 1956 can stand
  2. 2 Whether admission of previous convictions as bad character evidence was proper
  3. 3 Whether summing up was unfair or biased

Ratio Decidendi

Conviction on count 4 quashed as charged under wrong statutory provision; previous convictions properly admitted as bad character evidence; summing up was fair; sentence reduced to reflect appellant's age at time of offence and current sentencing practices.

Court Disposition

Appeal against conviction dismissed except for count 4; appeal against sentence allowed.

Orders

  • Conviction on count 4 quashed
  • Sentence on count 3 reduced to 2 years