R v John Mylrea Caine
[2024] EWCA Crim 225
R v George Edward Greaves
13 February 2024
[2024] EWCA Crim 179
Court of Appeal
A man was convicted of sexually abusing a girl when she was a teenager. He admitted to having sex with her when she was 14, but denied other charges. He tried to appeal his conviction but the court said the judge was right not to give him a 'good character' instruction to the jury, given his admission, and refused the appeal because he waited too long to challenge the conviction.
Key Facts
- •George Edward Greaves was convicted of seven counts of indecent assault against PB, a girl aged 13-15, between 1987-1990.
- •The assaults involved inappropriate touching, digital penetration, and penile penetration.
- •Greaves groomed PB, giving her gifts and attention, and convinced her parents to let her stay at his home.
- •At age 14, PB became pregnant by Greaves and gave the child up for adoption; at 15, she had a termination arranged and financed by Greaves.
- •Greaves admitted to sexual intercourse with PB when she was 14 but denied indecent assault charges.
- •Greaves had minor driving offences after the assaults but no other relevant convictions.
- •The judge gave a bad character direction but no good character direction.
- •Greaves appealed against conviction, seeking an extension of time of 704 days.
Legal Principles
Reporting restrictions under the Sexual Offences (Amendment) Act 1992 apply to prevent identification of victims.
Sexual Offences (Amendment) Act 1992
Time bar under the Sexual Offences Act 1956 prevented prosecution for unlawful sexual intercourse.
Sexual Offences Act 1956
Judges have discretion in character directions, considering all circumstances; admission of sexual activity with a minor significantly impacts entitlement to a good character direction.
R v Hunter [2015] EWCA Crim 631
Outcomes
Application for extension of time and leave to appeal against conviction refused.
The delay in appealing was excessive and not justified; the judge's direction on bad character was appropriate given Greaves' admission; the judge was not obliged to give a good character direction due to the admitted sexual activity with a minor.