Queen v Vaiciulus & Anor [2012] NICA 41 (08 October 2012)

Queen v Vaiciulus & Anor [2012] NICA 41 (08 October 2012)

There was no logical inconsistency in the jury's verdicts as each count was considered separately and the not guilty verdict on the sexual assault count could be explained by the jury's doubt as to whether the touching was sexual. The sentence of 7 years was manifestly excessive given the appellants' ages, delay, and circumstances; a sentence of 5 years was substituted.

Citation
[2012] NICA 41
Parties
Prosecution: The Queen; Appellant: A; Appellant: B
Jurisdiction
Northern Ireland
Judgment Date
08 October 2012
Procedural Posture
Criminal Appeal / Appeal Against Conviction and Sentence
Outcome
appeal against conviction dismissed; appeal against sentence allowed in part
Legal Topics
Rape, Consent, Inconsistent Verdicts, Sentencing of Young Offenders
Criminal Law Sexual Offences Rape Consent Inconsistent Verdicts Sentencing of Young Offenders

Case Brief

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Parties

The Queen

Prosecution

A

Appellant

B

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Conviction and Sentence

Legal Issues

  1. 1 Whether the guilty verdict on oral rape was inconsistent with not guilty verdicts on other sexual offence counts
  2. 2 Whether the sentence imposed was manifestly excessive

Ratio Decidendi

There was no logical inconsistency in the jury's verdicts as each count was considered separately and the not guilty verdict on the sexual assault count could be explained by the jury's doubt as to whether the touching was sexual. The sentence of 7 years was manifestly excessive given the appellants' ages, delay, and circumstances; a sentence of 5 years was substituted.

Court Disposition

appeal against conviction dismissed; appeal against sentence allowed in part

Orders

  • Conviction for oral rape upheld
  • Sentence reduced to 5 years (2.5 years in custody, 2.5 years on licence)