Court of Appeal allows defilement conviction appeal and orders retrial

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The Court of Appeal has allowed a man’s appeal against his conviction for defilement of a child and directed a retrial. The court found the trial judge’s comments on the defence of reasonable mistake about the complainant’s age improperly risked preventing the jury from considering that defence separately.

The man had been convicted by a majority verdict in July 2025 and sentenced to two years’ imprisonment, with the final year suspended. His appeal succeeded on the ground concerning the judge’s jury directions; the court said that general guidance distinguishing evidence from comment did not undo the potential effect of the improper comment. The court also recorded that he had not served any part of the sentence and had been granted bail pending appeal on 16 January 2026.