Clarke v R

Clarke v R

The conviction on count 4 was quashed as it was charged under the wrong statutory provision; previous convictions were properly admitted as bad character evidence demonstrating propensity; the judge's summing up was fair; the original sentence was manifestly excessive given the appellant's age at the time of offence and lack of subsequent sexual offences, warranting a reduction to 12 years.

Parties
Appellant: Robert Clarke; Respondent: Regina
Jurisdiction
England and Wales
Judgment Date
20 January 2012
Procedural Posture
Criminal Appeal / Judgment on 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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Parties

Robert Clarke

Appellant

Regina

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Conviction and Sentence

Legal Issues

  1. 1 Whether conviction on count 4 (indecent assault against a male) was valid under section 14 of the Sexual Offences Act 1956
  2. 2 Whether previous convictions were properly admitted as bad character evidence
  3. 3 Whether the judge fairly represented the appellant's case in summing up

Ratio Decidendi

The conviction on count 4 was quashed as it was charged under the wrong statutory provision; previous convictions were properly admitted as bad character evidence demonstrating propensity; the judge's summing up was fair; the original sentence was manifestly excessive given the appellant's age at the time of offence and lack of subsequent sexual offences, warranting a reduction to 12 years.

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.