Halahan v R
2014
COURT OF APPEAL (CRIMINAL DIVISION)
United Kingdom
CORAM
- LORD JUSTICE PITCHFORD
- MR JUSTICE DINGEMANS
- HIS HONOUR JUDGE ROOK QC
Areas of Law
- Criminal Law and Procedure
2014
COURT OF APPEAL (CRIMINAL DIVISION)
United Kingdom
CORAM
AI Generated Summary
The appellant, a former Anglican priest, was convicted of indecent assault based on allegations made by a male minor occurring in the 1970s. The appeal contested the conviction and the trial process, arguing improper handling due to delay and loss of evidence. The court upheld the conviction, maintaining the evidence produced a fair trial. However, the appellant's sentence was reduced to nine months, considering his deteriorating health.
Judgment
Lord Justice Pitchford :
The appeal
This is an appeal against conviction and sentence brought with the leave of the single judge. The Sexual Offences (Amendment) Act 1992 applies to this appeal. We shall protect the complainant’s anonymity by referring to him as “A”.
On 17 July 2014 following a trial before HHJ Pearson at Portsmouth Crown Court the appellant was convicted of three offences of indecent assault contrary to section 15(1) of the Sexual Offences Act 1956 (counts 1, 3 and 5). On 24 July 2014 he was sentence to 21 months imprisonment on each count concurrent.
In his grounds the appellant contends that the trial judge should have acceded to the defence application to stay the prosecution as an abuse of process of the court; alternatively, that the appellant was placed at such a disadvantage in the conduct of his defence as a result of delay and the consequent loss of evidence that the convictions are unsafe; in the further alternative, that the verdicts of the jury are unsafe because their approach to the evidence must have been inconsistent.
The indictment
The indictment contained five counts in each of which the appellant was charged with an offence that between 25 June 1974 and 24 June 1977 he indecently assaulted A, a male person under the age of 16 namely between the age of 12 and 15 years.
At the relevant time, in the summer 1975 to spring 1976, the complainant was resident at a children’s home in the Isle of Wight in the care of the local authority. The appellant was an Anglican priest. A claimed that he and three other boys, who were brothers and lived at the same care home, were inducted into the appellant’s local church choir. It was while he was under the appellant’s supervision and care as a member of the choir that the offences were allegedly committed.
Count 1 was a specimen count. It represented incidents when A was the front seat passenger in the appellant’s car being driven to the church, while the three brothers were sitting in the rear seat. A gave evidence that the appellant used the opportunity indecently to touch his thigh and groin area outside his clothing. It was also his evidence that from time to time the appellant would reach back between the front seats and touch the rear passengers.
Count 2 was also a specimen offence. A gave evidence that the choir boys would change into their choristers’ robes. The appellant would rub against them and touch them about the bottom and groin area. The appellant claim