Read the full judgment text of CACC 000207/1995 on BabelCite. This Court of Appeal judgment was delivered on 26 October 1995 before Power, V.-P., Mortimer and Mayo, JJ.A..
Criminal law – gross indecency with a male child – buggery – misdirection – alternative verdict – Crimes Ordinance Cap 200 ss.118C, 118H – Schedule item 4 – The applicant was convicted of gross indecency and buggery with an 11-year-old boy. The judge directed the jury that they could convict of gross indecency on count 1 based on facts (placing penis between buttocks without penetration) that were only available as an alternative verdict on count 2 (buggery) under the Schedule. The Court of Appeal held this was a material misdirection – the judge did not leave the alternative verdict as permitted by law but instead allowed the jury to use buggery-related facts for a separate gross indecency conviction – conviction on count 1 quashed – application for leave on buggery conviction refused – sentence of 6 years for buggery stands.
Legal issues: Misdirection on gross indecency verdict
Outcome: Leave to appeal granted on count 1 (gross indecency); conviction quashed and sentence set aside. Application for leave to appeal on count 2 (buggery) refused; conviction and sentence stand.