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Court of Appeal dismisses appeal of conviction for indecent assault on a complainant, who is a vulnerable person with a mild intellectual disability and a number of physical ailments, including epilepsy, hepatitis and haemophilia, on the grounds that the prosecution’s evidence amounted to more than that there was an unsuccessful attempt by the appellant to feel the complainant up, and there was clearly a sufficient case to go to the jury.
Criminal law – appeal of conviction for indecent assault on a male person contrary to common law and as provided for in s. 62 of the Offences Against the Person Act 1861 – application for a direction – complainant is a vulnerable person who has a mild intellectual disability and also suffers from a number of physical ailments including epilepsy, hepatitis and haemophilia – whether the trial judge erred in failing to direct a not guilty verdict – prosecution’s evidence amounted to no more than that there was an unsuccessful attempt by the appellant to feel the complainant up – offence of indecent assault of a male person requires proof of an assault in circumstances of indecency – there was clearly a sufficient case to go to the jury – appeal dismissed.
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