L v The Queen

L v The Queen was an appeal against convictions for sexual violation and attempted sexual violation. The Supreme Court allowed the appeal against the conviction for attempted sexual violation and dismissed the appeal against the conviction for sexual violation. The Supreme Court held that the conviction for attempted sexual violation should be set aside and that no re-trial should be ordered on that count. The conviction for sexual violation should stand but the sentence imposed on that count should be reviewed by the Court of Appeal in light of the setting aside of the conviction for attempted sexual violation. The Supreme Court found that the Judge’s directions to the jury on the topic of attempts were potentially confusing and incomplete and that there was a real risk of a miscarriage of justice. The Supreme Court held that the conviction for attempted sexual violation should be set aside because the jury could well have been left with the impression that a sufficiently proximate act was enough to constitute guilt of an attempt. The conviction for sexual violation should stand because there was no suggestion of a misdirection on the ingredients of the full offence and the difficulties the jury were having related solely to the attempt count.