AB, R v [2015] NICA 70 (4 December 2015)

AB, R v [2015] NICA 70 (4 December 2015)

The deficiencies in the good character direction and the judge's charge on penetration did not render the conviction unsafe, as the jury was adequately informed by the evidence and counsel's submissions. However, the sentence was imposed under the wrong legislative provision, and should be varied to a custody probation order under the 1996 Order, provided the appellant consents.

Citation
[2015] NICA 70
Parties
Prosecution: The Queen; Applicant/appellant/defendant: AB
Jurisdiction
Northern Ireland
Judgment Date
04 December 2015
Procedural Posture
Criminal Appeal / Application for Leave to Appeal Conviction and Appeal Against Sentence
Outcome
Conviction appeal dismissed; sentence appeal allowed in part
Legal Topics
Sexual Offences, Good Character Direction, Sentencing Procedure, Appeal Grounds
Criminal Law Sexual Offences Good Character Direction Sentencing Procedure Appeal Grounds

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Parties

The Queen

Prosecution

AB

Applicant/appellant/defendant

Procedural Posture

Criminal Appeal / Application for Leave to Appeal Conviction and Appeal Against Sentence

Legal Issues

  1. 1 Whether the good character direction given by the trial judge was adequate
  2. 2 Whether the trial judge's direction on the requirement of penetration was sufficiently clear
  3. 3 Whether the sentence was imposed under the correct legislative provision

Ratio Decidendi

The deficiencies in the good character direction and the judge's charge on penetration did not render the conviction unsafe, as the jury was adequately informed by the evidence and counsel's submissions. However, the sentence was imposed under the wrong legislative provision, and should be varied to a custody probation order under the 1996 Order, provided the appellant consents.

Court Disposition

Conviction appeal dismissed; sentence appeal allowed in part

Orders

  • If the appellant consents, sentence varied to two years and six months custody and one year's probation under a custody probation order pursuant to Article 24 of the Criminal Justice (Northern Ireland) Order 1996.
  • Judgment to be circulated to Bar Council, Law Society, and Director of Public Prosecutions regarding sentencing practice.