R v Frederick

The appellant in this case was convicted of one count of indecent assault and one count of unlawful sexual intercourse involving his step-daughter. The appellant appealed against his convictions on several grounds. The primary legal issues addressed by the court included whether the prosecution was required to elect the version of events on which the count was based, whether the prosecution needed to further particularise the act of sexual intercourse, whether the jury was correctly instructed, and whether the verdict on the count of unlawful sexual intercourse was uncertain. Additionally, the court considered whether the verdict on the count of indecent assault could stand if the conviction on the count of unlawful sexual intercourse was overturned.

The court found that the prosecution was not required to elect between the differing versions of the events provided by the complainant and her mother. The prosecution's approach, which focused on the last occasion of sexual intercourse without specifying a location, was deemed acceptable. The court also determined that the jury had been adequately instructed and that the verdict on the count of unlawful sexual intercourse was not uncertain. However, the court found that the direction given to the jury that it was unnecessary to decide upon the location of the offence was incorrect. This misdirection could potentially have influenced the jury's decision. Consequently, the conviction on the count of unlawful sexual intercourse was deemed unreasonable or insupportable, leading to its quashing. Given that the conviction on the count of indecent assault relied on the conviction of the count of unlawful sexual intercourse, the court also quashed the conviction on the count of indecent assault.

The court quashed both the conviction for unlawful sexual intercourse and the conviction for indecent assault, leading to the appellant's acquittal on these counts. The appeal was allowed, and the convictions were set aside.