The Court of Appeal has dismissed an appeal against conviction by a person identified in the judgment as ITK, upholding convictions for sexual assault and rape arising from events in 2017.
The judgment, delivered by Ms Justice Tara Burns on 7 October 2025, says ITK was convicted in December 2023 of sexual assault against SMC and rape against SMC. The jury returned a majority verdict on the sexual assault count and a unanimous verdict on the rape count. ITK was acquitted of a separate rape charge involving SORS and pleaded guilty to a sexual assault charge involving LR. The complainants and ITK were aged between 15 and 17 at the relevant times.
The court said the appeal’s central issues were whether the trial judge should have separated the charges and whether evidence from LR, whose charge had resulted in a guilty plea, could be heard on the remaining counts. It found the offences had sufficient similarities for the charges to be tried together, including the parties’ shared friendship group, their ages and allegations involving sexual acts after the complainants woke in bed beside ITK. It agreed that LR’s evidence was probative and that its prejudicial effect did not outweigh its value, provided the jury was directed on how to consider it.
The court noted that the jury acquitted ITK on the count involving SORS and did not consider LR’s count after the guilty plea. It said the arguments about whether those counts should have been severed were therefore moot. It concluded the trial judge had not erred in refusing severance or admitting LR’s evidence in relation to the counts considered by the jury.
The appeal also challenged the refusal to withdraw the case from the jury over the loss of the complainants’ original phones. The defence argued that an examination might have helped establish continuing contact between SMC and ITK after the alleged rape or shown collusion. The judgment records that phone downloads were disclosed, while the original devices had not been retained. Evidence at trial included photographs and online posts showing SMC with ITK after the alleged rape; the complainants were also cross-examined about contact concerning their complaints.
The Court of Appeal agreed with the trial judge that the missing material amounted to a missed opportunity, rather than the loss of a real possibility of an obviously useful line of defence. It said any deleted messages’ contents could not be known, and further photographs would add little to evidence already before the jury. It dismissed the grounds concerning the phone material and, having rejected all grounds pursued, dismissed the appeal against conviction.
At the original sentencing, the effective term was six years’ imprisonment, with the final 12 months suspended on conditions and three years of post-release supervision. The judgment addressed here concerns the conviction appeal.