{"id":569463,"date":"2026-04-15T15:40:43","date_gmt":"2026-04-15T13:40:43","guid":{"rendered":"https:\/\/kohenavocats.com\/jurisprudences\/r-v-bd\/"},"modified":"2026-04-15T15:40:43","modified_gmt":"2026-04-15T13:40:43","slug":"r-v-bd","status":"publish","type":"kji_decision","link":"https:\/\/kohenavocats.com\/ru\/jurisprudences\/r-v-bd\/","title":{"rendered":"R v BD"},"content":{"rendered":"
\n
\n

LORD JUSTICE LEWIS: 1. The provisions of the Sexual Offences (Amendment) Act 1992 apply in this case. Under those provisions, where a sexual offence has been committed against a person, no matter relating to that person shall during that person's lifetime be included in any publication if it is likely to lead members of the public to identify that person as the victim of that offence. That prohibition applies unless waived or lifted in accordance with section 3 of the Act. 2. On 1\u00a0August\u00a02024 the applicant (then aged 64) was sentenced following a\u00a0trial for a number of sexual offences against his stepdaughter. Leave to appeal against conviction and sentence was refused by the single judge. He renews both applications for leave. 3. For present purposes it is necessary only to record that the applicant was convicted of the following offences against the stepdaughter: one offence was a\u00a0count of voyeurism, namely, secretly video recording his stepdaughter in the shower when she was 11\u00a0years old; one offence of taking indecent photographs of a\u00a0child; two offences of sexual assault; one of causing a\u00a0child to engage in sexual activity; and two offences of assault by penetration. He was also convicted of rape on one occasion (count 8) and he was convicted of rape which had occurred on three occasions (count 9). 4. The sentencing judge took the rape offences as the most serious. He imposed a\u00a0sentence for the rape which reflected all of the offending and made the sentences for the other offences concurrent. The sentence for count 8 (the first count of rape) was 15\u00a0years' imprisonment; the same sentence was imposed for count 9, to be served concurrently; and the other sentences which were imposed were also made concurrent. 5. The applicant's case was that the sexual offending had not happened. His essential complaint to this court is that in relation to certain of the offences (counts 4, 6, 7, 8 and 9) the judge did not direct the jury or direct the jury with sufficient force and clarity to consider, if they were sure that the sexual activity happened, that they had also to be sure that the victim did not consent and that the applicant did not reasonably believe she had consented. 6. We have the written directions that were given to the jury and which they took with them. In relation to rape (counts 8 and 9) the direction was: "A man commits rape if he intentionally penetrates with his penis the vagina or mouth or anus of a female, and she does not consent to the penetration, and he does not reasonably believe that she was consenting. Any penetration even minimal will suffice. In this case it is alleged that the d intentionally penetrated the c\u2019s vagina with his penis. It is alleged that he did so without her consent and he did not reasonably believe she consented. His defence is that no penetration of any sort took place at all. The issue of consent and reasonable belief becomes academic. Your task is to decide if you are sure that penetration of her vagina took place with his penis. If you are sure, then he is guilty. If you are not sure then he is not guilty " Similar directions were given in relation to the assault by penetration. 7. The question for this court is whether it is arguable that that direction resulted in a conviction that is unsafe. 8. In our judgment, in the circumstances of this case, it is not arguable that the directions given led to a\u00a0conviction that was unsafe. There is no doubt that the judge directed the jury as to the relevant elements of the offence and to the fact that the prosecution had to prove the various elements. There is no doubt, as Mr\u00a0Bown accepts, that there was evidence about lack of consent for example, which could be left to the jury. Thereafter, what the judge was seeking to do was to focus the jury's attention on the central issue in the case, which was effectively \u2014 was the stepdaughter fabricating or lying about this and it had not happened; or was in fact the jury sure that it had happened and that the stepfather had done these things. 9. Different judges would have summed up differently and different judges would have summed up more fully. Had that been done here, this application for leave to renew would probably never have been made. However, the question for this court is whether it is arguable that the way that the judge did sum up the offences, and in particular the direction that he gave, gives rise to convictions that are arguably unsafe. In our judgment it is not arguable that these convictions are unsafe because of the way in which the judge sought to assist the jury in dealing with the central issue in the case. 10. There is a\u00a0second ground of appeal in relation to conviction. The judge admitted images of young children which were found on the applicant's computer and that was admitted as evidence of a\u00a0propensity or evidence of an\u00a0interest in young Thai girls, and that was said to be material to whether or not the defendant had committed the offences against this complainant. The argument put is that while the hard drives contained such material, there is no expert or other evidence to show the applicant used the search engine to look for those terms. 11. We reject that submission. There is no doubt that the judge was entitled to admit the evidence. It was not necessary to require expert or other evidence to show that the applicant had searched websites for those images. It was for the jury to assess the relevance of that material and whether or not it assisted them in deciding whether or not they were sure that the applicant had committed the offences with which he was charged. We therefore refuse leave to appeal against conviction. 12. Turning to the sentence, the applicant submits that the sentence was wrong. First \u2014 and this was the main focus of Mr\u00a0Bown's oral submissions\u00a0\u2014 it was said that the judge was wrong to find there was an\u00a0abuse of trust. It is said that it cannot be assumed that a relationship of stepfather to a\u00a0child involves a relationship of trust such that abuse of that trust is a factor relevant to culpability under the relevant Sentencing Council guidelines. 13. One needs to look at the facts of this case. The applicant was the victim's stepfather and had entered the child's life when the child was 4. He was married to the mother and was living in the same house as the child since she was 4. The child called him "Dad\u201d, and the judge said he had the utmost position of trust over her. It is in our judgment, and with all due respect to counsel, simply not possible to suggest that on the facts of this case the stepfather, who had looked after the child since the age of 4, was not in a\u00a0position of trust; and that did aggravate his culpability when assessing sentence for the sexual offences that he had committed against his young stepdaughter. 14. The applicant submitted that the length of the sentence was manifestly excessive. The judge had to sentence for a\u00a0number of offences over a\u00a0period of time. He took the rape as the most serious offence and imposed the sentence which is appropriate for that and all the other offending and he then made the other sentences concurrent. There is nothing wrong in that approach. The sentence imposed was perfectly proper and just. It is not even arguably manifestly excessive. Therefore, leave to appeal against sentence is refused. Epiq Europe Ltd hereby certify that the above is an accurate and complete record of the proceedings or part thereof. Lower Ground Floor, 46 Chancery Lane, London, WC2A 1JE Tel No: 020 7404 1400 Email: Rcj@epiqglobal.co.uk<\/p>\n<\/div>\n

\n

Sources officielles :<\/strong> consulter la page source<\/a><\/p>\n

Open Justice Licence (The National Archives).<\/em><\/p>\n<\/div>\n","protected":false},"excerpt":{"rendered":"

LORD JUSTICE LEWIS: 1. The provisions of the Sexual Offences (Amendment) Act 1992 apply in this case. Under those provisions, where a sexual offence has been committed against a person, no matter relating to that person shall during that person’s lifetime be included in any publication if it is likely to lead members of the public to identify that person…<\/p>\n","protected":false},"featured_media":0,"template":"","meta":{"_crdt_document":""},"kji_country":[7608],"kji_court":[8238],"kji_chamber":[],"kji_year":[8463],"kji_subject":[7612],"kji_keyword":[7875,7621,7922,8348,8448],"kji_language":[7611],"class_list":["post-569463","kji_decision","type-kji_decision","status-publish","hentry","kji_country-royaume-uni","kji_court-court-of-appeal-criminal-division","kji_year-8463","kji_subject-fiscal","kji_keyword-applicant","kji_keyword-judge","kji_keyword-offences","kji_keyword-sentence","kji_keyword-sexual","kji_language-anglais"],"yoast_head":"\nR v BD - Ma\u00eetre Hassan Kohen, avocat en droit p\u00e9nal \u00e0 Paris<\/title>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/kohenavocats.com\/ru\/jurisprudences\/r-v-bd\/\" \/>\n<meta property=\"og:locale\" content=\"ru_RU\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"R v BD\" \/>\n<meta property=\"og:description\" content=\"LORD JUSTICE LEWIS: 1. The provisions of the Sexual Offences (Amendment) Act 1992 apply in this case. Under those provisions, where a sexual offence has been committed against a person, no matter relating to that person shall during that person's lifetime be included in any publication if it is likely to lead members of the public to identify that person...\" \/>\n<meta property=\"og:url\" content=\"https:\/\/kohenavocats.com\/ru\/jurisprudences\/r-v-bd\/\" \/>\n<meta property=\"og:site_name\" content=\"Ma\u00eetre Hassan Kohen, avocat en droit p\u00e9nal \u00e0 Paris\" \/>\n<meta name=\"twitter:card\" content=\"summary_large_image\" \/>\n<meta name=\"twitter:label1\" content=\"\u041f\u0440\u0438\u043c\u0435\u0440\u043d\u043e\u0435 \u0432\u0440\u0435\u043c\u044f \u0434\u043b\u044f \u0447\u0442\u0435\u043d\u0438\u044f\" \/>\n\t<meta name=\"twitter:data1\" content=\"7 \u043c\u0438\u043d\u0443\u0442\" \/>\n<script type=\"application\/ld+json\" class=\"yoast-schema-graph\">{\"@context\":\"https:\\\/\\\/schema.org\",\"@graph\":[{\"@type\":\"WebPage\",\"@id\":\"https:\\\/\\\/kohenavocats.com\\\/ru\\\/jurisprudences\\\/r-v-bd\\\/\",\"url\":\"https:\\\/\\\/kohenavocats.com\\\/ru\\\/jurisprudences\\\/r-v-bd\\\/\",\"name\":\"R v BD - Ma\u00eetre Hassan Kohen, avocat en droit p\u00e9nal \u00e0 Paris\",\"isPartOf\":{\"@id\":\"https:\\\/\\\/kohenavocats.com\\\/ru\\\/#website\"},\"datePublished\":\"2026-04-15T13:40:43+00:00\",\"breadcrumb\":{\"@id\":\"https:\\\/\\\/kohenavocats.com\\\/ru\\\/jurisprudences\\\/r-v-bd\\\/#breadcrumb\"},\"inLanguage\":\"ru-RU\",\"potentialAction\":[{\"@type\":\"ReadAction\",\"target\":[\"https:\\\/\\\/kohenavocats.com\\\/ru\\\/jurisprudences\\\/r-v-bd\\\/\"]}]},{\"@type\":\"BreadcrumbList\",\"@id\":\"https:\\\/\\\/kohenavocats.com\\\/ru\\\/jurisprudences\\\/r-v-bd\\\/#breadcrumb\",\"itemListElement\":[{\"@type\":\"ListItem\",\"position\":1,\"name\":\"Home\",\"item\":\"https:\\\/\\\/kohenavocats.com\\\/ru\\\/avocats-en-droit-penal-a-paris-conseil-et-defense-strategique\\\/\"},{\"@type\":\"ListItem\",\"position\":2,\"name\":\"Jurisprudences\",\"item\":\"https:\\\/\\\/kohenavocats.com\\\/ru\\\/jurisprudences\\\/\"},{\"@type\":\"ListItem\",\"position\":3,\"name\":\"R v BD\"}]},{\"@type\":\"WebSite\",\"@id\":\"https:\\\/\\\/kohenavocats.com\\\/ru\\\/#website\",\"url\":\"https:\\\/\\\/kohenavocats.com\\\/ru\\\/\",\"name\":\"Kohen Avocats\",\"description\":\"Ma\u00eetre Hassan Kohen, avocat p\u00e9naliste \u00e0 Paris, intervient exclusivement en droit p\u00e9nal pour la d\u00e9fense des particuliers, notamment en mati\u00e8re d\u2019accusations de viol. Il assure un accompagnement rigoureux d\u00e8s la garde \u00e0 vue jusqu\u2019\u00e0 la Cour d\u2019assises, veillant au strict respect des garanties proc\u00e9durales.\",\"publisher\":{\"@id\":\"https:\\\/\\\/kohenavocats.com\\\/ru\\\/#organization\"},\"potentialAction\":[{\"@type\":\"SearchAction\",\"target\":{\"@type\":\"EntryPoint\",\"urlTemplate\":\"https:\\\/\\\/kohenavocats.com\\\/ru\\\/?s={search_term_string}\"},\"query-input\":{\"@type\":\"PropertyValueSpecification\",\"valueRequired\":true,\"valueName\":\"search_term_string\"}}],\"inLanguage\":\"ru-RU\"},{\"@type\":\"Organization\",\"@id\":\"https:\\\/\\\/kohenavocats.com\\\/ru\\\/#organization\",\"name\":\"Kohen Avocats\",\"url\":\"https:\\\/\\\/kohenavocats.com\\\/ru\\\/\",\"logo\":{\"@type\":\"ImageObject\",\"inLanguage\":\"ru-RU\",\"@id\":\"https:\\\/\\\/kohenavocats.com\\\/ru\\\/#\\\/schema\\\/logo\\\/image\\\/\",\"url\":\"https:\\\/\\\/kohenavocats.com\\\/wp-content\\\/uploads\\\/2026\\\/01\\\/Logo-2-1.webp\",\"contentUrl\":\"https:\\\/\\\/kohenavocats.com\\\/wp-content\\\/uploads\\\/2026\\\/01\\\/Logo-2-1.webp\",\"width\":2114,\"height\":1253,\"caption\":\"Kohen Avocats\"},\"image\":{\"@id\":\"https:\\\/\\\/kohenavocats.com\\\/ru\\\/#\\\/schema\\\/logo\\\/image\\\/\"}}]}<\/script>\n<!-- \/ Yoast SEO Premium plugin. -->","yoast_head_json":{"title":"R v BD - Ma\u00eetre Hassan Kohen, avocat en droit p\u00e9nal \u00e0 Paris","robots":{"index":"index","follow":"follow","max-snippet":"max-snippet:-1","max-image-preview":"max-image-preview:large","max-video-preview":"max-video-preview:-1"},"canonical":"https:\/\/kohenavocats.com\/ru\/jurisprudences\/r-v-bd\/","og_locale":"ru_RU","og_type":"article","og_title":"R v BD","og_description":"LORD JUSTICE LEWIS: 1. The provisions of the Sexual Offences (Amendment) Act 1992 apply in this case. Under those provisions, where a sexual offence has been committed against a person, no matter relating to that person shall during that person's lifetime be included in any publication if it is likely to lead members of the public to identify that person...","og_url":"https:\/\/kohenavocats.com\/ru\/jurisprudences\/r-v-bd\/","og_site_name":"Ma\u00eetre Hassan Kohen, avocat en droit p\u00e9nal \u00e0 Paris","twitter_card":"summary_large_image","twitter_misc":{"\u041f\u0440\u0438\u043c\u0435\u0440\u043d\u043e\u0435 \u0432\u0440\u0435\u043c\u044f \u0434\u043b\u044f \u0447\u0442\u0435\u043d\u0438\u044f":"7 \u043c\u0438\u043d\u0443\u0442"},"schema":{"@context":"https:\/\/schema.org","@graph":[{"@type":"WebPage","@id":"https:\/\/kohenavocats.com\/ru\/jurisprudences\/r-v-bd\/","url":"https:\/\/kohenavocats.com\/ru\/jurisprudences\/r-v-bd\/","name":"R v BD - Ma\u00eetre Hassan Kohen, avocat en droit p\u00e9nal \u00e0 Paris","isPartOf":{"@id":"https:\/\/kohenavocats.com\/ru\/#website"},"datePublished":"2026-04-15T13:40:43+00:00","breadcrumb":{"@id":"https:\/\/kohenavocats.com\/ru\/jurisprudences\/r-v-bd\/#breadcrumb"},"inLanguage":"ru-RU","potentialAction":[{"@type":"ReadAction","target":["https:\/\/kohenavocats.com\/ru\/jurisprudences\/r-v-bd\/"]}]},{"@type":"BreadcrumbList","@id":"https:\/\/kohenavocats.com\/ru\/jurisprudences\/r-v-bd\/#breadcrumb","itemListElement":[{"@type":"ListItem","position":1,"name":"Home","item":"https:\/\/kohenavocats.com\/ru\/avocats-en-droit-penal-a-paris-conseil-et-defense-strategique\/"},{"@type":"ListItem","position":2,"name":"Jurisprudences","item":"https:\/\/kohenavocats.com\/ru\/jurisprudences\/"},{"@type":"ListItem","position":3,"name":"R v BD"}]},{"@type":"WebSite","@id":"https:\/\/kohenavocats.com\/ru\/#website","url":"https:\/\/kohenavocats.com\/ru\/","name":"Kohen Avocats","description":"Ma\u00eetre Hassan Kohen, avocat p\u00e9naliste \u00e0 Paris, intervient exclusivement en droit p\u00e9nal pour la d\u00e9fense des particuliers, notamment en mati\u00e8re d\u2019accusations de viol. Il assure un accompagnement rigoureux d\u00e8s la garde \u00e0 vue jusqu\u2019\u00e0 la Cour d\u2019assises, veillant au strict respect des garanties proc\u00e9durales.","publisher":{"@id":"https:\/\/kohenavocats.com\/ru\/#organization"},"potentialAction":[{"@type":"SearchAction","target":{"@type":"EntryPoint","urlTemplate":"https:\/\/kohenavocats.com\/ru\/?s={search_term_string}"},"query-input":{"@type":"PropertyValueSpecification","valueRequired":true,"valueName":"search_term_string"}}],"inLanguage":"ru-RU"},{"@type":"Organization","@id":"https:\/\/kohenavocats.com\/ru\/#organization","name":"Kohen Avocats","url":"https:\/\/kohenavocats.com\/ru\/","logo":{"@type":"ImageObject","inLanguage":"ru-RU","@id":"https:\/\/kohenavocats.com\/ru\/#\/schema\/logo\/image\/","url":"https:\/\/kohenavocats.com\/wp-content\/uploads\/2026\/01\/Logo-2-1.webp","contentUrl":"https:\/\/kohenavocats.com\/wp-content\/uploads\/2026\/01\/Logo-2-1.webp","width":2114,"height":1253,"caption":"Kohen Avocats"},"image":{"@id":"https:\/\/kohenavocats.com\/ru\/#\/schema\/logo\/image\/"}}]}},"jetpack_likes_enabled":false,"jetpack_sharing_enabled":true,"_links":{"self":[{"href":"https:\/\/kohenavocats.com\/ru\/wp-json\/wp\/v2\/kji_decision\/569463","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/kohenavocats.com\/ru\/wp-json\/wp\/v2\/kji_decision"}],"about":[{"href":"https:\/\/kohenavocats.com\/ru\/wp-json\/wp\/v2\/types\/kji_decision"}],"wp:attachment":[{"href":"https:\/\/kohenavocats.com\/ru\/wp-json\/wp\/v2\/media?parent=569463"}],"wp:term":[{"taxonomy":"kji_country","embeddable":true,"href":"https:\/\/kohenavocats.com\/ru\/wp-json\/wp\/v2\/kji_country?post=569463"},{"taxonomy":"kji_court","embeddable":true,"href":"https:\/\/kohenavocats.com\/ru\/wp-json\/wp\/v2\/kji_court?post=569463"},{"taxonomy":"kji_chamber","embeddable":true,"href":"https:\/\/kohenavocats.com\/ru\/wp-json\/wp\/v2\/kji_chamber?post=569463"},{"taxonomy":"kji_year","embeddable":true,"href":"https:\/\/kohenavocats.com\/ru\/wp-json\/wp\/v2\/kji_year?post=569463"},{"taxonomy":"kji_subject","embeddable":true,"href":"https:\/\/kohenavocats.com\/ru\/wp-json\/wp\/v2\/kji_subject?post=569463"},{"taxonomy":"kji_keyword","embeddable":true,"href":"https:\/\/kohenavocats.com\/ru\/wp-json\/wp\/v2\/kji_keyword?post=569463"},{"taxonomy":"kji_language","embeddable":true,"href":"https:\/\/kohenavocats.com\/ru\/wp-json\/wp\/v2\/kji_language?post=569463"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}