Russell Cooke’s criminal law team has succeeded in a case before the Court of Appeal, resulting in the quashing of several historic sexual offence convictions.
The Appellant had been convicted as an adult of offences said to have occurred when she was under 16. She was convicted of all eight offences alleged in March 2013 and sentenced to two years imprisonment on each count to run concurrently.
Six of the eight counts alleged offending which had occurred before the Appellant’s fourteenth birthday. At trial, the judge did not direct the jury about the rebuttable presumption of doli incapax. This principle, which formed part of the common law until 1998, required the Prosecution to call evidence, in addition to proving the elements of the offence, which proved that a child between the age of 10 and 14 knew that what they were doing was “seriously wrong”. In this case, the direction had not been given to the jury, and the Court of Appeal therefore found that those convictions to which doli incapax applied should be quashed. Russell-Cooke did not act at the trial and this issue was identified by Martin when he was instructed recently.
On appeal, two counts were upheld, relating to conduct alleged to have occurred after the appellant had turned 14, but the Court found that the remaining convictions were unsafe.
The presumption of doli incapax provided additional protection to children who were alleged to have committed offences when they were below the age of 14. It was abolished by the New Labour Government, a move that was highly controversial at the time. However, the abolition could not be retrospective and so the presumption still applies to alleged offending before 30 September 1998.
Martin’s client was represented on appeal by Kate O’Raghallaigh of Doughty Street Chambers.
This case shows that protections for people alleged to have offended as children still matter. Even when the law has changed, Courts must apply the correct framework to the period in question. Ensuring that these safeguards are not overlooked is fundamental to fairness.
About Martin
Martin Rackstraw is a partner in the criminal law team. He represents individuals facing serious allegations, particularly homicide, sexual allegations, terrorism and drug cases. He has particular interest and expertise in investigating and challenging convictions in miscarriage of justice cases.
Get in touch
If you would like to speak with a member of the team you can contact our criminal and financial crime solicitors by telephone on +44 (0)20 3826 7521 or complete our enquiry form.
