Criminal

Convictions for rape and other sexual offences at same trial - rape conviction quashed as non-justiciable - other convictions unsafeR v R: CA (Lord Justice Otton, Mr Justice Hidden and Judge Richard Brown): 28 November 2000The appellant was convicted of a number of sexual offences which included a count of rape of a girl under 16 committed overseas before the coming into force of the Sex Offenders Act 1997.

The appellant appealed against conviction on the ground that the count of rape was non-justiciable and the conviction a nullity, and that consequently the other convictions were unsafe.Held, allowing the appeal, that the rape was non-justiciable and the conviction must be quashed since the 1997 Act had no retrospective effect and had come into force after the time at which the rape was said to have occurred; that even if evidence concerning the rape allegation were in principle admissible as similar fact or background evidence in respect of the other counts, it might not in fact have been admitted by a judge exercising his discretion; that, even if admitted, the evidence might have been presented in a different form; that the Crown would have had to present its opening in a different fashion, and would specifically have been compelled to explain the circumstances in which the rape was non-justiciable; that the judge in his summing up would have been obliged to give very precise directions as well as explaining the facts in a manner different from that adopted; that, accordingly, the other convictions were unsafe; but that a retrial would be ordered on those counts and so disclosure of the identity of the defendant and of counsel and solicitors would be prohibited pending retrial.