Williams, R v, Court of Appeal - Criminal Division, August 31, 2018, [2018] EWCA Crim 1986

Resolution Date:August 31, 2018
Issuing Organization:Criminal Division
Actores:Williams, R v
 
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Case No: 2017/05581

Neutral Citation Number: [2018] EWCA Crim 1986

IN THE COURT OF APPEAL (CRIMINAL DIVISION)

ON APPEAL FROM Cardiff Crown Court

HHJ S Hopkins QC

T20170723

Royal Courts of Justice

Strand, London, WC2A 2LL

Date: 31/08/2018

Before :

LADY JUSTICE THIRLWALL

LORD JUSTICE HICKINBOTTOM

and

MR JUSTICE ROBIN KNOWLES

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Between:

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Ms S Thomas (instructed by CPS) for the Crown

Mr Mather-Lees QC (instructed by de Maids Solicitors & Advocates) for the Defendant

Hearing date: 7th August 2018

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JUDGMENTLADY JUSTICE THIRLWALL :

  1. The provisions of the Sexual Offences (Amendment) Act 1992 apply to this offence. No matter relating to the victim of the sexual offence to which we refer in this judgement shall during her lifetime be included in any publication if it is likely to lead members of the public to identify her as the victim of that offence. We shall refer to her in this judgement as X.

  2. On 16 November 2017 in the Crown Court at Cardiff the appellant pleaded guilty to counts three and four on the indictment, assault occasioning actual bodily harm and criminal damage respectively. The appellant was tried on count 1 of the same indictment, sexual assault. He was convicted on 21 November 2017. On 11 December 2017 he was sentenced to eighteen months imprisonment for the sexual assault, ten months imprisonment for the assault and two months imprisonment for the criminal damage, all to run concurrently.

  3. This is his appeal against conviction which he brings by leave of the single judge. There is also an application to argue a further ground upon which leave to appeal was refused by the single judge. We consider the appeal and the application together.

  4. X was at the time of the offences the partner of the appellant. She said in evidence that she had been out with friends on a hen night on the evening of 13 May 2017 into the early hours of 14 May 2017. The appellant said he had been out and spent the latter part of the evening at his home with friends. Both said that he contacted X by phone and text on several occasions during the course of the evening. She returned in the early hours of the morning. It was her evidence that the appellant questioned her about where she had been, whom she had been with and what she had been doing. He accused her of kissing the driver of the minibus who had driven her home. His friends observed that his conduct was like that of a jealous girlfriend.

  5. X went up to bed after about half an hour. The appellant's friends left. He went upstairs, sat on the bed and started checking her mobile phone. X awoke to find him looking at the call and text traffic and photographs on Snapchat. They showed her dancing with her friends and with a man. It was X's evidence that at that point the appellant kicked her out of bed and whilst she was on the floor he punched and kicked her. She sustained bruising to her shoulders legs and arms. He also smashed some drinking glasses which were on the bedside table. He then walked around the room shouting at her and accusing her of having been unfaithful with the man in the photograph. She got back onto the bed. He pulled her legs apart and said that he wanted to inspect her genital area. They struggled. He got up, smashed her mobile phone and threw things around the room. He was screaming. He got back onto the bed and pulled her legs apart. This time she did not resist. He pulled her underwear aside, tearing it. She thought he may have seen a remnant of toilet tissue. He became very angry. He set fire to a piece of paper saying that he was going to set fire to the house. He did not put that threat into effect but went downstairs and came back with a cup of water which he...

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