The Exceptional Case of the Watson Direction R v Malcolm [2014] EWCA Crim 2508

摘要

The appellant appealed against his conviction of one count of indecent assault on a male aged under 16. The two grounds of appeal were that the trial judge erred in law by giving the Watson direction to the jury and that, based on the evidence of the case, the finding of the jury was perverse and thus unsafe. At trial, it was alleged that the appellant sexually abused his stepson between 1976 and 1980. At the time of the alleged incidents, the complainant, M, was aged between 12 and 16. The four counts on the indictment included two counts of indecent assault on a male under 16, one count of gross indecency with a child under 14 and one count of buggery. The charges were contested, with the defence case being that there had been a family argument which caused a rift in the family and that the resultant complaints were false. The trial lasted four days, with the complainant giving evidence for the prosecution, supported by statements provided by his wife and a work colleague. The appellant gave evidence in his defence, as did his wife and M's brother. The trial judge summed up the case and the jury retired to consider their verdict.