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Octogenarian paedophile who serially abused family members should have conviction set aside, court told

Summary

In a remote Court of Appeal hearing, an 86‑year‑old paedophile, whose name is withheld to protect his victim's identity, appealed a conviction for three counts of indecent assault against his son committed between 1977 and 1979. The Central Criminal Court had found him guilty and imposed consecutive sentences totalling four years, a maximum penalty of two years at the time of the offences. The appellant's barrister argued that the trial judge failed to give a required corroboration warning, citing inconsistencies in the complainant's evidence and the judge's refusal to engage with it. The DPP countered that the judge's stance was consistent with judicial practice and that section 7 of the Criminal Law (Rape) (Amendment) Act 1990 left discretion to the judge. The Court of Appeal, presided over by Mr Justice Birmingham, reserved its judgment.

Who, what, where, when and why

What: Report matter: Octogenarian paedophile who serially abused family members should have conviction set aside, court told. Procedural stage: appeal. Findings: Found guilty

When:

• May 15, 2017 Incident
• 1977 and 1979 Incident
• 2020-04-23 Publication

Why: Mr Delaney explained that the judge's discretion had been exercised on an incorrect legal basis and careful consideration had not been given which "flew in the face" of what section 7 required. CNI source report

Case subjects

Places mentioned

Topics

Stage Appeal Violent Crime

Read the original CNI report