Mr AX

Mr AX was convicted in April 1998 of indecent assault and received a sentence of four years’ imprisonment, reduced on appeal to three years.

The CCRC received an application for review of the conviction in April 2002.

Mr AX was convicted of two charges of indecent assault in a case involving consensual intercourse with an underage girl.

A major issue at trial was whether or not the girl had been aged under 16 when the offences took place.

The judge directed the jury that if they were satisfied that the complainant was under 16 at the relevant time, the offence was made out.

Subsequently, in the case of R v K the House of lords ruled that, in an offence of indecent assault on a complainant under the age of 16 where there is evidence that the complainant consented or may have consented, the prosecution had to prove that the defendant did not have an honest belief that the complainant was aged 16 or over.

This had been a live issue in Mr AX’s trial, the evidence being that the complainant (who admitted having been a sex worker) may have appeared considerably older than she was.

The CCRC referred the conviction in September 2004 on the basis of this change in law.

The Court of Appeal quashed the conviction in November 2005.