Thompson v R
2014
COURT OF APPEAL (CRIMINAL DIVISION)
United Kingdom
CORAM
- LORD JUSTICE PITCHFORD
- MR JUSTICE SWEENEY
Areas of Law
- Criminal Law and Procedure
- Evidence Law
2014
COURT OF APPEAL (CRIMINAL DIVISION)
United Kingdom
CORAM
AI Generated Summary
The appellant, convicted in 2007 for sexual offences against boys, appealed the verdict after being diagnosed with Asperger's syndrome. The new expert evidence suggested his actions might not have been sexually motivated, leading to his acquittal on similar charges in 2012. The court concluded that the diagnosis could have influenced the original jury’s decision, making the 2007 convictions unsafe, and quashed them.
Judgment
Lord Justice Pitchford :
Introduction
On 30 October 2013 the full court gave leave to the appellant to appeal against his conviction at Reading Crown Court on 11 May 2007 for sexual offences committed against male children (see [2013] EWCA Crim 2264 ).
The appellant faced an indictment containing 14 counts, alleging sexual assaults upon nine boys under the age of 16 years, committed during the years 2004, 2005 and 2006. He appeared for trial before His Honour Judge Risius at Reading Crown Court. On 11 May 2007 the appellant was convicted upon four counts charging him with offences contrary to section 7 of the Sexual Offences Act 2003 , namely:
Count 3: Sexual assault of SF
Count 4: Sexual assault of SF
Count 11: Sexual assault of ZB
Count 12: Sexual assault of ZB, as an alternative verdict to sexual assault by penetration contrary to section 6 of the Sexual Offences Act 2003 .
The appellant was found not guilty upon the remaining 10 counts relating to seven other boys. Each of the complainants is entitled to his anonymity under the Sexual Offences (Amendment) Act 1992 and we shall refer to them and some of their relatives by using initials.
Counsel instructed at the time of trial, Ms Chan, drafted grounds of appeal against conviction and sentence. The application for leave to appeal against conviction was refused by the single judge on 14 August 2007. Only the appeal against sentence proceeded at that time. On 27 May 2010 this court, differently constituted, quashed the sentence imposed by the judge of imprisonment for public protection and substituted a determinate sentence of 3 years imprisonment. It confirmed the making of a Sexual Offences Prevention Order but amended its terms.
The possibility that the appellant was suffering from Asperger’s syndrome was first raised by a prison counsellor in August 2008 during preparation for a parole board hearing. The formal diagnosis was made by a clinical psychologist, Mr Nicholas Keene, on 17 September 2008.
On 8 November 2011, following his release from prison, the appellant was arrested on suspicion of committing offences against other boys during the late 1990s and 2000. He was subsequently charged in a 17 count indictment. On 14 September 2012, following his trial before the Honorary Recorder of Aylesbury, His Honour Judge Sheridan, the jury returned verdicts of not guilty upon all counts. During the course of the trial Judge Sheridan had permitted the defence to adduce evidence from t