Kumar v R

Kumar v R

The conviction is safe because the appellant's conduct of the breast examination went beyond best practice and was used as a cloak for a sinister motive; the judge's direction was appropriate given the facts and the Crown's case, and the binding authority of R v Court did not require a different outcome.

Parties
Appellant: Sachchidanand Kumar; Respondent: The Queen
Jurisdiction
England and Wales
Judgment Date
28 July 2006
Procedural Posture
Criminal Appeal / Appeal Against Conviction
Outcome
appeal dismissed
Legal Topics
Indecent Assault, Medical Examination, Jury Directions
Criminal Law Indecent Assault Medical Examination Jury Directions

Case Brief

Summary, issues, holding and outcome

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Parties

Sachchidanand Kumar

Appellant

The Queen

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Conviction

Legal Issues

  1. 1 Whether the judge's direction to the jury regarding indecent assault was consistent with binding authority
  2. 2 Whether a medical examination conducted in an inappropriate manner for sexual gratification constitutes indecent assault

Ratio Decidendi

The conviction is safe because the appellant's conduct of the breast examination went beyond best practice and was used as a cloak for a sinister motive; the judge's direction was appropriate given the facts and the Crown's case, and the binding authority of R v Court did not require a different outcome.

Court Disposition

appeal dismissed