Event and Time
Event Description
- On 12 May 2022, the applicant was convicted by a County Court jury of two charges of sexual activity in the presence of a child under 16.
- The victim was the applicant's stepdaughter, Leyla James.
- The applicant was acquitted of several other charges related to similar offenses.
- On 22 July 2022, the applicant was sentenced to 20 months’ imprisonment for the convicted charges and was required to register under the Sex Offenders Registration Act for 15 years.
Application and Claims
- The applicant sought leave to appeal against his conviction on three grounds:
1. An irregularity in the trial due to the intermediary acting inappropriately. 2. The jury's verdict on charge 2 being unreasonable or unsupported by evidence. 3. The jury's verdict on charge 6 being unreasonable or unsupported by evidence.
- The applicant also sought an extension of time to file the application for appeal.
Judicial Decisions
- The court granted the extension of time and the leave to appeal.
- It found that ground 2 was valid and set aside the conviction on charge 2, entering a judgment of acquittal.
- The sentence on charge 6 was also set aside, leading the court to reopen sentencing on that charge.
Dispute Points and Legal Basis
Dispute Points
- Prosecution Claims:
- Alleged incidents involved sexual actions performed in front of a minor. - The prosecution provided evidence from the complainant regarding the events. - The jury accepted the testimony that supported the guilty verdict on charge 6.
- Defense Arguments:
- The defense claimed that the complainant's testimony was not credible, particularly against charge 2. - They argued that inconsistencies in the complainant’s statements and the circumstances of charge 6 cast doubt on the guilty verdict. - The defense maintained that the applicant's good character and denials should weigh heavily in favor of acquittal.