Queree -v- AG [2018] JRC 014 (18 January 2018)

Queree -v- AG [2018] JRC 014 (18 January 2018)

The conviction for indecent assault was unsafe because the evidence did not establish beyond reasonable doubt that the appellant intentionally touched X's breasts without her consent in circumstances amounting to indecency. The Magistrate conflated lack of consent with indecency and failed to properly analyse whether the withdrawal of consent was clearly communicated and whether the circumstances were indecent given ongoing consensual intercourse.

Citation
[2018] JRC 014
Parties
Appellant: Appellant (Mr Querée); Complainant: X; Respondent: Attorney General
Jurisdiction
Jersey
Judgment Date
18 January 2018
Procedural Posture
Criminal Appeal / Appeal Against Conviction and Sentence
Outcome
Appeal allowed; conviction set aside; appellant discharged from further process.
Legal Topics
Indecent Assault, Consent in Sexual Offences, Evidentiary Admissibility, Judicial Recusal, Standard of Proof, Mens Rea, Appeal Procedure
Criminal Law Indecent Assault Consent in Sexual Offences Evidentiary Admissibility Judicial Recusal Standard of Proof Mens Rea Appeal Procedure

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Parties

Appellant (Mr Querée)

Appellant

X

Complainant

Attorney General

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Conviction and Sentence

Legal Issues

  1. 1 Whether the appellant committed indecent assault on X by touching her breasts without consent during consensual intercourse
  2. 2 Whether the Magistrate erred in law and fact in finding the appellant guilty
  3. 3 Whether the circumstances amounted to indecency

Ratio Decidendi

The conviction for indecent assault was unsafe because the evidence did not establish beyond reasonable doubt that the appellant intentionally touched X's breasts without her consent in circumstances amounting to indecency. The Magistrate conflated lack of consent with indecency and failed to properly analyse whether the withdrawal of consent was clearly communicated and whether the circumstances were indecent given ongoing consensual intercourse.

Court Disposition

Appeal allowed; conviction set aside; appellant discharged from further process.

Orders

  • Conviction for indecent assault quashed.
  • Order for costs in favour of prosecution discharged.