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Team Saltrese does it again! Historic Convictions Quashed!!
R v F Court of Appeal (2017) - Conviction quashed
The defendant was convicted of historic offences when he was a child under 14 years and at a time when the doctrine of doli incapax applied.
The appeal against conviction was allowed on the ground that the judge had failed to direct the jury that the presumption of incapacity could be rebutted only by evidence that the child knew what he was doing went beyond “rude or naughty” and such evidence had to be independent of the act complained of per R v M [2016] 4 WLR416
http://www.chrissaltrese.co.uk/cases-and-press/
R v F Court of Appeal (2017) - Conviction quashed
The defendant was convicted of historic offences when he was a child under 14 years and at a time when the doctrine of doli incapax applied.
The appeal against conviction was allowed on the ground that the judge had failed to direct the jury that the presumption of incapacity could be rebutted only by evidence that the child knew what he was doing went beyond “rude or naughty” and such evidence had to be independent of the act complained of per R v M [2016] 4 WLR416
http://www.chrissaltrese.co.uk/cases-and-press/
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