[2012] EWCA Crim 2211

A conviction for rape was unsafe and a conviction for sexual assault was substituted, where there was an absence of any evidence or activity capable of justifying the conclusion which pointed to an intent to commit the specific offence of rape. There was ample evidence of an intent to commit a serious sexual assault and there was no doubt that the offender's actions had gone well beyond mere preparation.

CA (Crim Div) (Hughes LJ, Wilkie J, Popplewell J)

03/10/2012